Windrush victims could have compensation reconsidered after ruling – The Guardian

‘Windrush scandal victims who were denied compensation could have their cases reconsidered after a landmark ruling against the Home Office.’

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The Guardian, 25th March 2025

Source: www.theguardian.com

Migrants unlawfully housed at government’s flagship asylum site Wethersfield – The Independent

Posted March 17th, 2025 in asylum, housing, ministers' powers and duties, news by sally

‘Home secretary Yvette Cooper acted unlawfully in housing three asylum seekers at a “prison-like” former RAF base, the High Court has found.’

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The Independent, 14th March 2025

Source: www.independent.co.uk

Seeking clarification of tenders – Local Government Lawyer

‘In the recent Optima Health v DWP case, the Court of Appeal overturned the High Court’s judgment and held that the Department for Work and Pensions (DWP) had not exercised its discretion properly by excluding Optima from a mini competition under a framework and failing to seek clarification of perceived errors in Optima’s tender. The Court considered that DWP was obliged to seek clarification in the circumstances and that common sense is required when applying the public procurement rules to ensure a healthy and fair competition and permit the proper evaluation of the tenders. The Court warned against adopting a strict and over-literal approach which may lead to the exclusion of the best tender for no objectively justifiable reason.’

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Local Government Lawyer, 7th March 2025

Source: www.localgovernmentlawyer.co.uk

Planned change in British citizenship rules faces first legal challenge – The Guardian

‘Plans to prevent refugees who arrive in the UK on a small boat, lorry or via other “irregular” means from becoming a British citizen are facing their first legal challenge.”

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The Guardian, 19th February 2025

Source: www.theguardian.com

Subsidy control law and new statutory guidance – Local Government Lawyer

‘What do the changes to the statutory guidance on subsidy control mean for public authorities? Alexander Rose and Jonathan Branton explain.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Provisions to treat unaccompanied asylum seekers as adults if they refuse scientific age assessments to be scrapped – Local Government Lawyer

‘Provisions that would see unaccompanied asylum seekers treated as adults if they refused a scientific age assessment without “reasonable grounds” are set to be scrapped by Government.’

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Local Government Lawyer, 11th February 2025

Source: www.localgovernmentlawyer.co.uk

Nicholas Reed Langen: The Use and Abuse of Citizenship Deprivation: SSHD v Kolicaj UK Constitutional Law Association

Posted February 6th, 2025 in citizenship, ministers' powers and duties, news, Supreme Court by sally

‘Any British citizen that happens to hold citizenship for another country could find themselves in an invidious position. If the Home Secretary decides that it would be “conducive to the public good”, they can single-handedly strip a person of their citizenship, and with it, their right to remain in the country. So long as the deprivation would not make them stateless, the law offers few protections beyond a limited right of appeal and the need for the Home Secretary to have some reasons.’

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UK Constitutional Law Association, 6th February 2025

Source: ukconstitutionallaw.org

Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality? – UK Constitutional Law Association

Posted February 6th, 2025 in illegality, interpretation, ministers' powers and duties, news, Supreme Court by sally

‘The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as the textbooks and contributions to this symposium attest, this phenomenon has generated discrete legal problems. The status (not law “as such” (R(A) at [3]), purpose (to ensure consistency in the exercise of discretion – R (Lumba) v. SSHD [2011] UKSC 12), meaning (to be judged objectively – Mandalia v. SSHD [2015] 1 WLR 4546) and content (must be rational, proportionate etc) of these ‘soft law’ iterations have raised questions with varying degrees of significance in terms of the rule of law. One such question is the legitimacy of guidance, judged by reference to its effects, both intended and unintended. This reflects the fact that guidance is often directed towards the actions of persons other than its author(s), often with implications for third parties.’

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UK Constitutional Law Association, 5th February 2025

Source: ukconstitutionallaw.org

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review – Garden Court Chambers

‘In a judgment handed down on 18 December 2024, the High Court declared that the Secretary of State for the Home Department (‘SSHD’) breached her duty to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. The High Court granted a mandatory order requiring the Claimants (C1 and C2) to be moved to adequate accommodation that would meet the needs of the C2, a severely disabled child.’

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Garden Court Chambers, 19th December 2025

Source: gardencourtchambers.co.uk

Alyssa Nathanson-Tanner: The Irresistible Temptations of Patronage: Prime Ministerial Appointment of Crossbenchers – UK Constitutional Law Association

‘Among the many questions raised by the resignation of the Archbishop of Canterbury in November 2024, the peerage which has customarily been awarded by the Prime Minister hangs in the balance. The Prime Minister enjoys an unlimited discretion to appoint new peers, and since the Life Peerages Act 1958 has granted a life peerage on retirement from certain public offices, the Archbishop of Canterbury among them. Every Prime Minister in the 21st century has exercised their significant power of patronage in relation to these office holders, who join the Crossbenches of the House of Lords.’

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UK Constitutional Law Association, 21st January 2025

Source: ukconstitutionallaw.org

Minister refers herself to ethics watchdog over corruption claims and links to deposed Bangladeshi PM – The Independent

Posted January 7th, 2025 in Bangladesh, corruption, ministers' powers and duties, news, standards by sally

‘A member of Sir Keir Starmer’s top team has referred herself to the government’s independent ethics adviser over her links to the deposed prime minister of Bangladesh.’

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The Independent, 6th January 2025

Source: www.independent.co.uk

No Recourse to Public Funds and Article 3: Proving Systems Duty Breaches – EIN Blog

Posted December 16th, 2024 in delay, human rights, immigration, ministers' powers and duties, news by sally

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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EIN Blog, 13th December 2024

Source: www.ein.org.uk

Court of Appeal allows appeal concerning amenability to judicial review of decision by adjudicator – 39 Essex Chambers

’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Puberty blockers ban imposed by Tory government is lawful, high court rules – The Guardian

‘A ban on prescribing puberty blockers to children with gender dysphoria in England, Scotland and Wales was lawful, a high court judge has ruled.’

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The Guardian, 29th July 2024

Source: www.theguardian.com

Local authority loses judicial review over refusal by minister to revoke academy order for school council considered should close – Local Government Lawyer

‘The London Borough of Islington has lost a judicial review claim against a decision by the Secretary of State for Education to refuse to revoke an Academy Order for a school the council considered should close.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Suella Braverman’s decision to drop Windrush recommendations unlawful, court rules – The Guardian

‘A decision by the former home secretary Suella Braverman to drop two recommendations intended to repair some of the harm done to the Windrush generation was unlawful, the high court has ruled.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Court of Appeal judgment in second Manston Airport challenge – 39 Essex Chambers

‘On 21 May 2024, the Court of Appeal handed down judgment in R (on the application of Dawes) v Secretary of State for Transport & Anor [2024] EWCA Civ 560. The Court of Appeal dismissed Ms Dawes’ appeal against the High Court’s dismissal of her judicial review, which challenged a (second) development consent order permitting the re-opening of Manston Airport in Kent.’

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39 Essex Chambers , 6th June 2024

Source: www.39essex.com

Domestic abuse survivors ‘put in danger by early prison release of perpetrators’ – The Guardian

‘Survivors of domestic abuse have been put in danger by ministers’ failure to give notice of the early release from prison of their abusers, a Home Office adviser has said.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

Michael Gove guilty of standards breach for not registering VIP football tickets – The Guardian

‘Michael Gove breached standards rules by failing to register hospitality he enjoyed with a Conservative donor whose company was awarded personal protective equipment contracts during the Covid pandemic, parliament’s sleaze watchdog has found.’

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The Guardian, 25th March 2024

Source: www.theguardian.com

Minister told to name sources in Afghan inquiry or face potential jail term – The Guardian

‘The minister for veterans’ affairs, Johnny Mercer, has been given 10 days to reveal the source of allegations British troops engaged in war crimes in Afghanistan, or face a potential prison sentence.’

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The Guardian, 26th March 2024

Source: www.theguardian.com