ministers’ powers and duties – Page 4 – Current Awareness

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

Posted August 20th, 2020 in appeals, coronavirus, disabled persons, local government, ministers' powers and duties, news, regulations, special educational needs, young persons by sally

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

Posted July 28th, 2020 in coronavirus, emergency powers, ministers' powers and duties, news, regulations by sally

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

The Digitisation of Welfare and Irrationality Review: SSWP v Johnson – Oxford Human Rights Hub

Posted July 7th, 2020 in benefits, computer programs, ministers' powers and duties, news, statutory interpretation by sally

‘In Secretary of State for Work and Pensions v Johnson & Ors [2020] EWCA Civ 778, the England & Wales Court of Appeal took the uncommon step of holding an executive decision unlawful for Wednesbury irrationality. Johnson highlights that irrationality is not merely a desperate ground of last resort for judicial review applicants. The case is also an important illustration of how substantive review may be relied upon by those affected by the digitisation of welfare.’

Oxford Human Rights Hub, 30th June 2020

Source: ohrh.law.ox.ac.uk

Iraq veterans urged to join group action against MoD – Litigation Futures

Posted June 30th, 2020 in armed forces, class actions, duty of care, government departments, Iraq, law firms, ministers' powers and duties, news by sally

‘Claims on behalf of British soldiers falsely accused of brutality and abuses against Iraqi civilians have added to this week’s rush of group actions.’

Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

Posted June 25th, 2020 in community care, domicile, local government, mental health, ministers' powers and duties, news, statutory duty by sally

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association

Posted June 16th, 2020 in coronavirus, health, ministers' powers and duties, news by sally

‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’

UK Constitutional Law Association, 16th June 2020

Source: ukconstitutionallaw.org

“The Law of Humanity”: Home Office no recourse to public funds policy ruled unlawful – UK Human Rights Blog

Posted June 4th, 2020 in children, homelessness, housing, human rights, ministers' powers and duties, news by sally

‘In this judgment on the Home Secretary’s “no recourse to public funds” (NRPF) policy, the Divisional Court of the Queen’s Bench Division has confirmed that it does, citing authority going back to the time of the poor laws.’

UK Human Rights Blog, 3rd June 2020

Source: ukhumanrightsblog.com

‘I lost my father to Covid-19. Now I’m taking legal action against the UK government’ – The Guardian

Posted June 4th, 2020 in coronavirus, elderly, health, human rights, ministers' powers and duties, news, statutory duty by sally

‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’

The Guardian, 3rd June 2020

Source: www.theguardian.com

Family of Harry Dunn to bring private prosecution against Dominic Raab – The Guardian

Posted May 29th, 2020 in bereavement, dangerous driving, diplomats, immunity, ministers' powers and duties, news, private prosecutions by sally

‘The family of Harry Dunn, the 19-year-old killed on 27 August last year after being hit by a car driven by the wife of a US intelligence officer, intends to bring a private criminal prosecution against the foreign secretary, Dominic Raab, the Guardian has learned.’

The Guardian, 28th May 2020

Source: www.theguardian.com

Families sue UK government over ‘little or no education’ for their children – The Guardian

Posted May 12th, 2020 in coronavirus, education, ministers' powers and duties, news by sally

‘Four families who say their children have received “little or no” education since schools in England were closed to most pupils have started legal action against the government.’

The Guardian, 7th May 2020

Source: www.theguardian.com

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

Posted May 12th, 2020 in benefits, children, homelessness, housing, human rights, immigration, ministers' powers and duties, news by sally

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

Each Other, 8th May 2020

Source: eachother.org.uk

Bereaved families seek ‘justice’ for UK victims of coronavirus – The Guardian

Posted May 12th, 2020 in bereavement, coronavirus, families, ministers' powers and duties, news by sally

‘Bereaved British families whose relatives died because of Covid-19 have formed a group to campaign for justice, demanding that the government accepts its failures may have contributed to their deaths.’

The Guardian, 11th May 2020

Source: www.theguardian.com

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

Posted May 7th, 2020 in bail, coronavirus, detention, immigration, judiciary, ministers' powers and duties, news, reasons by sally

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

The Guardian, 6th May 2020

Source: www.theguardian.com

Supreme Court president refuses to rule out stepping down if Boris Johnson tries to politicise judiciary – The Independent

Posted March 5th, 2020 in judiciary, ministers' powers and duties, news, Supreme Court by tracey

‘The president of the Supreme Court has declined to rule out resigning if Boris Johnson attempts to politicise the judiciary.’

The Independent, 4th March 2020

Source: www.independent.co.uk

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety? – UK Constitutional Law Association

Posted January 14th, 2020 in bills, brexit, EC law, ministers' powers and duties, news, precedent, rule of law, statutory interpretation by sally

‘The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law and, in particular, the controversial, but little discussed Clause 26 which (as Lord Pannick remarked in a recent article in the Times) requires particularly careful scrutiny.’

UK Constitutional Law Association, 14th January 2020

Source: ukconstitutionallaw.org

Government revokes Brexit regulation after judicial review threat – Law Society’s Gazette

Posted October 18th, 2019 in brexit, customs and excise, HM Revenue & Customs, judicial review, ministers' powers and duties, news, regulations, VAT by tracey

‘The government has pledged to not use Henry VIII powers to make Brexit legislation after a public law charity threatened legal action.’

Law Society's Gazette, 17th October 2019

Source: www.lawgazette.co.uk

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part II – UK Constitutional Law Association

Posted October 10th, 2019 in brexit, constitutional law, Crown, elections, ministers' powers and duties, news, parliament, prerogative powers, veto by tracey

‘This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1.’

UK Constitutional Law Association, 10th October 2019

Source: ukconstitutionallaw.org

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I – UK Constitutional Law Association

Posted October 10th, 2019 in brexit, constitutional law, Crown, elections, ministers' powers and duties, news, parliament, prerogative powers, veto by tracey

‘This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government.’

UK Constitutional Law Association, 9th October 2019

Source: ukconstitutionallaw.org

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

Posted October 2nd, 2019 in amendments, bills, brexit, constitutional law, EC law, ministers' powers and duties, news, statutory duty, statutory interpretation, time limits, treaties by sally

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

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