High Court refuses fresh inquest in welfare benefits case – UK Human Rights Blog

‘In Dove v HM Assistant Coroner to Teeside and Hartlepool & Anor [2021] EWHC 2511, the High Court considered the State’s obligations under article 2 ECHR with respect to those in receipt of welfare benefits as well as the scope of coronial inquiries both where article 2 is and isn’t engaged. Although it was argued that failings by the Department of Work and Pensions were relevant to a death by suicide, a fresh inquest was refused in the circumstances.’

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UK Human Rights Blog, 13th October 2021

Source: ukhumanrightsblog.com

R (Rowley) v Minister for the Cabinet Office – Equality Law Blog

‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

The police bill is not about law and order – it’s about state control – The Guardian

‘Tucked away in the government’s 300-page police, crime, sentencing and courts bill, are various clauses which will have serious implications for the right to protest. The bill seeks to quietly criminalise “serious annoyance”, increase police powers to restrict protests, and give the home secretary discretion over what types of protests are allowed.’

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The Guardian, 9th August 2021

Source: www.theguardian.com

Legal challenge over ministers’ private email use – BBC News

‘The government is facing a legal challenge over the use of private email accounts and WhatsApp by ministers and senior officials.’

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BBC News, 9th July 2021

Source: www.bbc.co.uk

Important new ruling on access to British Passports for those subject to nationality deprivation proceedings – EIN Blog

‘The Queen (on the application of Leonard Gjini) [2021] EWHC 1677 (Admin). In an important decision handed down on 21 June 2021, Mr Justice Morris clarified the circumstances in which it is permissible for the Home Office to decline to issue British Passports to persons subject to deprivation proceedings under section 40 of the British Nationality Act 1981 rejecting a contention by the Home Office that there was a public interest in refusing based on the fact of a past deception.’

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EIN Blog, 2nd July 2021

Source: www.ein.org.uk

All about images: privacy, visuocentrism, and the Hancock affair – City Law Forum

‘On Friday 25 June 2021, British tabloid The Sun published pictures of the UK Health Secretary, Matt Hancock, kissing Gina Coladangelo in his office at the Department of Health. These pictures were, it seems, captured by a CCTV camera in the office and leaked by person(s) unknown to the newspaper. The pictures were soon joined on The Sun’s website by a video clip (seemingly from the same camera). The clip shows Hancock and Coladangelo in what might be described as a passionate embrace. The footage lasts just over one minute and remains online, including on The Sun’s Youtube channel.’

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City Law Forum, 30th June 2021

Source: blogs.city.ac.uk

Covid: Deaf campaigner takes legal action over No 10 briefings – BBC News

‘A deaf campaigner is taking legal action against the government, after complaining that it failed to provide in-person British Sign Language (BSL) interpreters at No 10 Covid briefings.’

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BBC News, 16th May 2021

Source: www.bbc.co.uk

Alastair Richardson: The Legality of Home Office Fees – UK Constitutional Law Association

“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”

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UK Constitutional Law Association, 26th May 2021

Source: ukconstitutionallaw.org

Daniel Morgan murder: panel refuses to hand over report – The Guardian

‘The independent panel investigating the Daniel Morgan scandal is refusing the home secretary’s demands to hand over its report before it can be published, as senior police sources say nothing in the case affects national security. Priti Patel provoked fury on Tuesday by demanding the findings be handed over for review prior to publication, angering both the Morgan family and members of the panel conducting the inquiry.’

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The Guardian, 19th May 2021

Source: www.theguardian.com

Parents of disabled child win fight against UK hotel quarantine – The Guardian

‘A severely disabled child who was forced to go into hotel quarantine after returning from a “red list” country has been allowed to return home to complete their period of self-isolation after a legal challenge.’

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The Guardian, 5th May 2021

Source: www.theguardian.com

Rodney Brazier: Mr Johnson and His Flat – UK Constitutional Law Association

Posted May 4th, 2021 in ministers' powers and duties, news, parliament, political parties by tracey

‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’

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UK Constitutional Law Association, 4th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

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UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com

Anti-protest curbs in UK policing bill ‘violate international rights standards’ – The Guardian

‘Anti-protest curbs contained in the new policing bill are disproportionate, hand subjective powers to officers and the home secretary, and violate international human rights standards, MPs and peers have been told.’

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The Guardian, 28th April 2021

Source: www.theguardian.com

PM can be challenged in court over Priti Patel bullying decision, hearing rules – The Guardian

‘Boris Johnson’s decision to back Priti Patel and disregard the findings of his adviser on ministerial standards that the home secretary had bullied staff can be challenged in court, a hearing has ruled.’

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The Guardian, 27th April 2021

Source: www.theguardian.com

Boris Johnson flat inquiry: what sanctions can watchdog impose? – The Guardian

‘Boris Johnson is bracing for an investigation by the Electoral Commission into payments covering renovations to his Downing Street flat. What will the process will look like and what sanctions could the Conservative party face?’

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The Guardian, 28th April 2021

Source: www.theguardian.com

Max Taylor: Parliamentary Confirmation of Ministerial Nominations – UK Constitutional Law Association

Posted March 11th, 2021 in constitutional law, Crown, ministers' powers and duties, news, parliament by sally

‘In terms of government formation, there are two kinds of parliamentary system: “…countries where the government needs to win an investiture vote are said to have positive parliamentarism, while countries in which the government just needs to be tolerated by parliament are said to have negative parliamentarism”. By this definition, the UK has a negative parliamentary system (excepting s. 2(5), Fixed-Term Parliaments Act 2011): the Queen appoints the Prime Minister by inviting him to form a Government; and subsequent ministers are appointed by the Queen on the advice of the PM; but the House of Commons may move that it has no confidence in HM Government. Compared to a positive parliamentary system – e.g. Spain, where the appointment of the King’s prime ministerial nominee requires a successful vote of confidence by an absolute majority of the Congress of Deputies – a negative one has three disadvantages. These are that there is a democratic deficit in the Government; obscurity in a Government’s democratic mandate, under hung parliaments; and that there are inadequate checks and balances between the Government and Parliament.’

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UK Constitutional Law Association, 11th March 2021

Source: ukconstitutionallaw.org

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case – Local Government Lawyer

‘Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in “bullying” case.

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Local Government Lawyer, 22nd February 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Equalities watchdog urged to investigate UK’s pandemic response – BBC News

Posted February 16th, 2021 in coronavirus, equality, ministers' powers and duties, news, women by sally

‘Unions, women’s groups and charities have asked the UK’s equalities watchdog to investigate whether the government broke the law in its pandemic response.’

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BBC News, 15th February 2021

Source: www.bbc.co.uk

High Court finds ‘huge delay’ in the Home Office provision of asylum support accommodation – EIN Blog

‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’

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EIN Blog, 1st February 2021

Source: www.ein.org.uk

Errol Graham: Starved man’s family take benefits case to court – BBC News

‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk