Ombudsman upholds 80% of complaints about Education and Health Care Plans – Local Government Lawyer

Posted March 12th, 2018 in complaints, health, news, ombudsmen, reports, special educational needs by sally

‘The Local Government and Social Care Ombudsman is upholding about 80% of complaints it investigates about Education and Health Care Plans (EHCPs), it has been revealed.’

Full Story

Local Government Lawyer, 8th March 2018

Source: www.localgovernmentlawyer.co.uk

CQC: Access to mental health care for children and young people at a ‘crisis point’ – Family Law

Posted March 12th, 2018 in children, health, mental health, news, reports, young persons by sally

‘The Care Quality Commission (CQC) has said UK health care, education and other public services are failing children and young people regarding their access to mental health services – arguing young people are at a ‘crisis point’ when it comes to mental health support. In light of its findings the CQC has made recommendations for the Secretary of State for Health and Social Care on how they can best ensure support.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Law Pod UK Ep. 24: Right of residence under EU rules – 1 COR

Posted March 12th, 2018 in appeals, citizenship, EC law, families, immigration, news by sally

‘Rosalind English talks to Jonathan Metzer about how family members of UK citizens, who don’t themselves have citizenship, obtain a residence card under EU rules – and how they can appeal if they’re refused.’

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Law Pod UK, 6th March 2018

Source: audioboom.com

Law Commission seeks views on boosting take-up of commonhold – OUT-LAW.com

Posted March 12th, 2018 in housing, Law Commission, leases, news by sally

‘The Law Commission is seeking views on why the “little-known and little used” commonhold model of home ownership has not become a popular alternative to residential leasehold.’

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OUT-LAW.com, 9th March 2018

Source: www.out-law.com

My online stalker: The feeling he could hurt me never went away – BBC News

Posted March 12th, 2018 in harassment, internet, news, police, stalking by sally

‘Stalker Callum Blake-O’Brien created numerous fake social media accounts to send women what prosecutors described as “unimaginably horrendous” messages. One teenager left “emotionally numb” by his unrelenting abuse says he “handpicked” his victims to cause maximum distress.’

Full Story

BBC News, 9th March 2018

Source: www.bbc.co.uk

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com

Trainees billing £282 an hour – US firm will not recover “eye-watering” costs in full – Litigation Futures

Posted March 12th, 2018 in costs, law firms, news, solicitors, trainee solicitors by sally

‘There is no chance of a leading US firm recovering anything like fees that range from £946 an hour for a partner to £282 for a trainee, when competent representation for half that amount is available, a Court of Appeal judge has ruled.’

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Litigation Futures, 9th March 2018

Source: www.litigationfutures.com

Council makes two more referrals to police including one over land acquisition – Local Government Lawyer

Posted March 12th, 2018 in crime, land registration, local government, news, police by sally

‘Cheshire East Council has confirmed that it referred two matters to the police last month, including one which relates to the acquisition of land.’

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Local Government Lawyer, 8th March 2018

Source: www.localgovernmentlawyer.co.uk

Ellie Butler’s grandfather says he wants justice to prevail at inquest – The Guardian

Posted March 12th, 2018 in child abuse, grandparents, homicide, inquests, news, social services by sally

‘The grandfather of Ellie Butler, who was murdered by her father, says that he hopes the inquest into her death will allow him to finally lay his beloved granddaughter to rest.’

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The Guardian, 11th March 2018

Source: www.theguardian.com

Home Office broke its own rules on avoiding family separations – The Guardian

Posted March 12th, 2018 in bail, detention, families, immigration, news by sally

‘The Home Office broke its own rules when British children had to be taken into care after officials arrested their father.’

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The Guardian, 11th March 2018

Source: www.theguardian.com

‘The smell of air freshener brings it back’ – BBC News

‘Three women, who say they were groomed into prostitution as teenagers, have won a High Court battle which means they will not have to tell future employers about their soliciting history.’

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BBC News, 9th March 2018

Source: www.bbc.co.uk

Oxfordshire vicar who spiritually abused boy banned from ministry – The Guardian

Posted March 12th, 2018 in child abuse, Church of England, clergy, disqualification, news, tribunals by sally

‘A Church of England vicar has been banned from ministry for two years after being found guilty of spiritually abusing a teenage boy.’

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The Guardian, 11th March 2018

Source: www.theguardian.com

Possession and section 11, Children Act 2004 – Nearly Legal

Posted March 9th, 2018 in children, housing, local government, news, repossession by sally

‘In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children. Herts claimed mandatory possession on service of a notice to quit (which was not necessary in this case).’

Full Story

Nearly Legal, 8th March 2018

Source: nearlylegal.co.uk

Supreme Court backs Iceland in refrigeration rates appeal – OUT-LAW.com

Posted March 9th, 2018 in news, rates, Supreme Court, valuation by sally

‘An air handling system used in connection with frozen foods retailer Iceland’s refrigerated storage is part of a ‘trade process’, and therefore exempt from business rates, the UK’s highest court has ruled.’

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OUT-LAW.com, 8th March 2018

Source: www.out-law.com

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals by sally

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by sally

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

Full Story

Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 9th, 2018 in legislation by sally

The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018

The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2018

The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018

The Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens (Appointed Day and Revocation) (England) Order 2018

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2018

The Personal Injuries (Civilians) Scheme (Amendment) Order 2018

The Investigatory Powers Act 2016 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2018

The Plant Health (England) (Amendment) (No. 2) Order 2018

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018

The Representation of the People (England and Wales) (Amendment) Regulations 2018

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 9th, 2018 in law reports by sally

Court of Appeal (Civil Division)

DAM (Children), Re [2018] EWCA Civ 386 (08 March 2018)

Generator Developments Ltd v LIDL UK GmbH [2018] EWCA Civ 396 (08 March 2018)

High Court (Family Division)

X and Y (Children) [2018] EWHC 451 (Fam) (08 March 2018)

Source: www.bailii.org

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

Full Story

Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Chair criticises ‘glacial pace’ of LASPO review – The Bar Council

Posted March 9th, 2018 in budgets, legal aid, press releases by sally

‘Responding to news this week that the Government’s review of LASPO will be delayed until the end of the year, Chair of the Bar Andrew Walker QC said it is frustrating that the review is moving at such a “glacial pace”.’

Full press release

The Bar Council, 8th march 2018

Source: www.barcouncil.org.uk