Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

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UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

Family President to issue guidance to courts on secure accommodation placements and statutory regime – Local Government Lawyer

‘The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Councils to have statutory duty to deliver support in secure accommodation for survivors of domestic abuse – Local Government Lawyer

‘Councils are to be legally required for the first time to deliver support in secure accommodation for survivors of domestic abuse, the Government has announced.’

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Local Government Lawyer, 13th May 2019

Source: www.localgovernmentlawyer.co.uk

Arriva takes UK to court over East Midlands rail franchise – The Guardian

‘Chris Grayling’s embattled transport ministry faces a second legal challenge over the way the East Midlands rail franchise was awarded, from Arriva Rail, owned by Germany’s state-backed Deutsche Bahn.’

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The Guardian, 12th May 2019

Source: www.theguardian.com

PM vows to end postcode lottery for domestic abuse victims

‘The prime minister has vowed to end the postcode lottery for those escaping domestic abuse.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

High court suspends Home Office policy limiting support for slavery victims – The Guardian

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

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The Guardian, 17th April 2019

Source: www.theguardian.com

Equality watchdog to decide if Labour broke law over antisemitism – The Guardian

‘Britain’s equality watchdog is close to deciding if it will launch an inquiry into whether the Labour party’s handling of antisemitism cases complies with equalities law.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

Inadequate risk assessment leads to liability being established: Chisolm -v- Hankins considered – Zenith PI

Posted December 20th, 2018 in duty of care, health & safety, news, statutory duty by tracey

‘In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.’

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Zenith PI, 18th December 2018

Source: zenithpi.wordpress.com

Home Office trying to force two disabled children to leave country – The Guardian

‘The Home Office is trying to force two British-born children with lifelong and complex physical and mental disabilities out of Britain in a move which experts say breaches UK and UN law.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

London police force must act over excessive force claim, says court – The Guardian

Posted October 16th, 2018 in disciplinary procedures, news, police, public order, statutory duty by sally

‘The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Rape complainants’ lawyers to challenge CPS over dropped cases – The Guardian

‘Lawyers for rape complainants who have been “failed” by the criminal justice system are preparing to launch a legal challenge against the Crown Prosecution Service, the Guardian has learned.’

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The Guardian, 28th September 2018

Source: www.theguardian.com

Family claims win in high court challenge to Northants library cuts – The Guardian

Posted August 15th, 2018 in budgets, judicial review, libraries, local government, news, statutory duty by sally

‘A young girl and her family who took on Northamptonshire county council over its plans to close 21 libraries have claimed a win in the high court, after a judge ruled that the cash-strapped council would have to revisit its plans while “paying attention to its legal obligations”.’

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The Guardian, 14th August 2018

Source: www.theguardian.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

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Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk

Slamming the door on system failure in medical negligence inquests – Jeremy Hyam QC – UK Human Rights Law Blog

Posted June 22nd, 2018 in coroners, hospitals, judicial review, news, statutory duty by tracey

‘R (Parkinson) v. HM Senior Coroner for Kent and Others. If anyone had the lingering hope that the door to argue “system failure” in any but the most exceptional case of medical negligence remained ajar after the decision of the Grand Chamber in Lopes de Sousa, then the recent Divisional Court decision in Parkinson shows the door has been well and truly slammed shut.’

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UK Human Rights Law Blog, 19th June 2018

Source: ukhumanrightsblog.com

Damages for badly performed homeless duties? – Nearly Legal

Posted June 11th, 2018 in damages, homelessness, local government, news, statutory duty by sally

‘Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s statutory duties.’

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Nearly Legal, 11th June 2018

Source: nearlylegal.co.uk

Council publishes independent review – Sentencing Council

Posted April 23rd, 2018 in reports, sentencing, statutory duty by tracey

‘In 2017 the Sentencing Council commissioned an independent academic to carry out an internal review to support the Council in considering how best it could exercise its statutory functions and to make recommendations on areas of work it might want to consider taking forward in the future. The work was undertaken by Professor Sir Anthony Bottoms, Emeritus Professor at the Institute of Criminology, University of Cambridge, and his colleague, Dr Jo Parsons. The Council welcomes this Review, which we are publishing today alongside a summary of the work we are taking forward as a result.’

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Sentencing Council, 18th April 2018

Source: http://sentencingcouncil.judiciary.gov.uk

Removing a party to proceedings: A Local Authority v F and others – Family Law

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

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Family Law, 27th March 2018

Source: www.familylaw.co.uk