R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

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Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer

Posted January 20th, 2022 in coronavirus, government departments, homelessness, housing, judicial review, news by tracey

‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Met Police facing legal action over ‘failure’ to probe Downing Street Christmas party – The Independent

‘The Metropolitan Police is facing legal action if it fails to investigate reports of the Downing Street Christmas party in 2020, according to campaigners.’

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The Independent, 19th January 2022

Source: www.independent.co.uk

Home Office age assessment policy for asylum seekers is unlawful, High Court rules – The Independent

‘The Home Office’s process for age assessing young asylum seekers when they arrive in the UK has been ruled unlawful by the High Court.’

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The Independent, 19th January 2022

Source: www.independent.co.uk

High court to hear claims Sarah Everard vigil ban breached human rights – The Guardian

‘Women’s rights activists are at the high court to argue that the police’s decision to ban a vigil for Sarah Everard in London was a breach of their human rights.’

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The Guardian, 19th January 2022

Source: www.theguardian.com

Prince Harry in legal fight to pay for UK police protection – BBC News

Posted January 17th, 2022 in government departments, judicial review, news, police, royal family by tracey

‘Prince Harry is seeking a judicial review against a refusal of the Home Office to allow him to personally pay for police protection when in the UK.’

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BBC News, 16th January 2022

Source: www.bbc.co.uk

High Court dismisses JR over immigration detainees’ legal advice – Law Society’s Gazette

‘The High Court has dismissed a judicial review brought against the lord chancellor over immigration detainees’ access to justice.’

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Law Society's Gazette, 13th January 2022

Source: www.lawgazette.co.uk

Failure to prosecute over boy’s drowning in Welsh river ‘irrational’, court told – The Guardian

‘The decision not to prosecute a teenager accused of pushing a 13-year-old boy into a river was legally flawed and unreasonable or irrational, a court has heard.’

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The Guardian, 13th January 2022

Source: www.theguardian.com

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments – Local Government Lawyer

Posted January 13th, 2022 in judicial review, local government, news, planning, roads by tracey

‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’

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Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Covid: Government’s PPE ‘VIP lane’ unlawful, court rules – BBC News

Posted January 13th, 2022 in coronavirus, judicial review, news, protective equipment, public procurement by tracey

‘The government’s use of a “VIP lane” to award contracts for personal protective equipment (PPE) to two companies was unlawful, the High Court has ruled.’

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BBC News, 12th January 2022

Source: www.bbc.co.uk

UK faces legal action for approving firm accused of using forced labour as PPE supplier – The Guardian

‘The UK government is facing legal action over its decision to keep using a Malaysian company accused of using forced labour as a supplier of personal protective equipment (PPE) to the NHS.’

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The Guardian, 6th January 2022

Source: www.theguardian.com

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

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The Independent, 1st January 2022

Source: www.independent.co.uk

Information Commissioner’s Office challenged over Whitehall JR submissions – Law Society’s Gazette

‘Public law specialists have begun legal proceedings against the Information Commissioner’s Office over publication of Whitehall submissions on judicial review that have influenced controversial reforms.’

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Law Society's Gazette, 20th December 2021

Source: www.lawgazette.co.uk

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

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UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com

Home Office facing legal action over rights of 2.5 million EU nationals – The Independent

Posted December 15th, 2021 in brexit, citizenship, government departments, immigration, judicial review, news, ombudsmen by tracey

‘The Home Office is facing legal action over its treatment of millions of EU nationals in the UK.’

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The Independent, 14th December 2021

Source: www.independent.co.uk

Legal challenge to hotel quarantine policy goes to Court of Appeal – BBC News

Posted December 10th, 2021 in appeals, coronavirus, government departments, health, holidays, hotels, judicial review, news by michael

‘A legal challenge to the Government’s mandatory quarantine hotel policy is to be taken to the Court of Appeal.’

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BBC News, 9th December 2021

Source: www.bbc.co.uk

Court of Appeal rejects claim council infringed right to be protected from modern slavery – Local Government Lawyer

Posted December 9th, 2021 in children, forced labour, human rights, judicial review, local government, news by sally

‘The Court of Appeal has upheld a High Court ruling which found a council did not infringe upon the protections against modern slavery afforded the appellant (H) under Article 4 of the European Convention of Human Rights (ECHR).’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk

Boris Johnson ‘planning reforms which would let ministers overrule judicial decisions’ – The Independent

‘Reported move triggers backlash from lawyers, with one senior QC quoted as saying the prime minister is seeking a “more compliant judiciary”‘.

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The Independent, 6th December 2021

Source: www.independent.co.uk

Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer

‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’

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Local Government Lawyer, 30th November 2021

Source: www.localgovernmentlawyer.co.uk

Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other

Posted November 30th, 2021 in benefits, coronavirus, disabled persons, human rights, judicial review, news by tracey

‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’

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Each Other, 29th November 2021

Source: eachother.org.uk