Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer

Posted December 3rd, 2024 in asylum, benefits, children, housing, judicial review, local government, news, young persons by tracey

‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Andrew Malkinson says he has been ‘left to rot’ after wrongful conviction quashed – The Guardian

‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’

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The Guardian, 14th November 2024

Source: www.theguardian.com

Surrey magistrates’ ‘standard practice’ declared unlawful by the High Court – Law Society’s Gazette

Posted November 7th, 2024 in benefits, compensation, costs, fraud, magistrates, news by tracey

‘Magistrates who made a “clearly irrational” order for a gas engineer to pay £22,000 within 28 days were following a “standard practice” which was unlawful, the High Court has ruled.’

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Law Society's Gazette, 6th November 2024

Source: www.lawgazette.co.uk

Mothers to take DWP to court over ‘inhumane’ benefit rules on non-consensual conception – The Guardian

‘Two mothers who had children as a result of rape or coercion by former partners have been given permission to take the Department for Work and Pensions (DWP) to court for being denied exception to the two-child limit on universal credit.’

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The Guardian, 4th November 2024

Source: www.theguardian.com

Disabled woman told to repay £5,000 of benefits – BBC News

Posted September 17th, 2024 in benefits, disabled persons, government departments, news by tracey

‘A woman has been ordered to pay back thousands of pounds to the Department for Work and Pensions after being incorrectly paid benefits she was told she was entitled to.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

Housing case law update – June & July 2024 – Local Government Lawyer

‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Newborn baby made homeless by Home Office in frenzy to clear asylum backlog – The Guardian

‘A father with a newborn baby and a mother with two children are among the asylum seekers made homeless by the Home Office after it wrongly withdrew their claims, it can be revealed.’

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The Guardian, 20th July 2024

Source: www.theguardian.com

DWP algorithm wrongly flags 200,000 people for possible fraud and error – The Guardian

‘More than 200,000 people have wrongly faced investigation for housing benefit fraud and error after the performance of a government algorithm fell far short of expectations, the Guardian can reveal.’

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The Guardian, 23rd June 2024

Source: www.theguardian.com

Members of Britain’s biggest benefit fraud gang jailed for a combined total of more than 25 years – Crown Prosecution Service

Posted June 4th, 2024 in benefits, fraud, gangs, imprisonment, news, sentencing by tracey

‘Five members of an organised criminal gang, which falsely claimed more than £53 million in Universal Credit in the largest benefit fraud in England and Wales, have been jailed.’

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Crown Prosecution Service, 30th May 2024

Source: www.cps.gov.uk

Hundreds of phones and bags of cash: Inside the UK’s biggest benefit fraud – BBC News

Posted May 31st, 2024 in benefits, fraud, gangs, imprisonment, news, sentencing by michael

‘The gang admitted £53.9m of fraudulent claims, and at Wood Green Crown Court on Thursday two of the gang members received what are thought to be the longest sentences ever passed down for benefit fraud.’

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BBC News, 30th May 2024

Source: www.bbc.co.uk

Disabled benefit claimants may have been mistreated – BBC News

Posted May 23rd, 2024 in benefits, disabled persons, equality, news, social security by sally

‘The government is being investigated by the equalities watchdog over claims that its treatment of disabled benefits claimants may have broken the law.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Inquiry to begin into DWP’s treatment of ill and disabled people on benefits – The Guardian

‘The treatment of chronically ill and disabled people by welfare officials, including benefits decisions subsequently linked to the deaths of vulnerable claimants, is to be formally investigated by Britain’s human rights watchdog.’

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The Guardian, 22nd May 2024

Source: www.theguardian.com

Carers were ‘dishonest’ when claiming benefits – CPS – BBC News

‘The Crown Prosecution Service (CPS) is standing by its decision to convict two carers of benefit fraud, despite the cases leading to a public outcry.’

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BBC News, 8th May 2024

Source: www.bbc.co.uk

Court of Appeal rules damages may be awarded for imminent inhuman treatment caused by unlawful No Recourse to Public Funds Policy – Landmark Chambers

Posted May 2nd, 2024 in asylum, benefits, chambers articles, damages, human rights, immigration, news by sally

‘The Court of Appeal today handed down an important judgment concerning the availability of damages under section 8 of the Human Rights Act 1998. The case confirms that damages can be awarded where a person is subjected to a system that puts them at an imminent risk of inhuman or degrading treatment without having to prove that the victim did in fact suffer inhuman or degrading treatment contrary to article 3 ECHR. I set out below a summary of what the case decided and some thoughts on its implications.’

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Landmark Chambers, 18th April 2024

Source: www.landmarkchambers.co.uk

Universal Credit, transitional protection and temporary accommodation – Nearly Legal

‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’

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Nearly Legal, 23rd April 2024

Source: nearlylegal.co.uk

Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB

‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’

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3PB, 18th April 2024

Source: www.3pb.co.uk

DWP warns carers they could face greater penalties if they appeal against fines – The Guardian

Posted April 18th, 2024 in appeals, benefits, carers, fines, news, penalties by sally

‘Government officials have been accused of using “threatening and cruel” tactics towards unpaid carers by saying they could face even greater financial penalties if they appeal against “vindictive” benefit fines.’

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The Guardian, 17th April 2024

Source: www.theguardian.com

Joe Tomlinson, Angela Paul, and Jed Meers: Are Statutory Duties to Protect the ‘Vulnerable’ a Good Idea? – UK Constitutional Law Association

Posted April 17th, 2024 in benefits, constitutional law, government departments, news, statutory duty by sally

‘The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory duty for safeguarding vulnerable claimants?’

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UK Constitutional Law Association, 16th April 2024

Source: ukconstitutionallaw.org

Carers scandal: why are so many being prosecuted by the UK government? – The Guardian

‘George Henderson was convicted of fraud and had to repay £19,500 in carer’s allowance years after ticking the wrong box on the form. He is not alone. The Guardian society editor, Patrick Butler, looks at why thousands are facing prosecution over innocent mistakes.’

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The Guardian, 12th April 2024

Source: www.theguardian.com

Carer convicted over benefit error worth 30p a week fights to clear his name – The Guardian

‘A carer who says he was “dragged through the courts” and had to sell his home to pay back almost £20,000 in benefit overpayments is fighting to clear his name after the Department for Work and Pensions (DWP) acknowledged he made an innocent mistake.’

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The Guardian, 12th April 2024

Source: www.theguardian.com