‘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).’
3PB, 18th April 2024
Source: www.3pb.co.uk
‘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.’
The Guardian, 17th April 2024
Source: www.theguardian.com
‘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?’
UK Constitutional Law Association, 16th April 2024
Source: ukconstitutionallaw.org
‘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.’
The Guardian, 12th April 2024
Source: www.theguardian.com
‘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.’
The Guardian, 12th April 2024
Source: www.theguardian.com
‘Five members of an organised gang have been convicted of what has been described by the Crown Prosecution Service (CPS) as the largest case of benefit fraud in England and Wales.’
BBC News, 10th April 2024
Source: www.bbc.co.uk
‘A woman has told of her shock after the government seized £16,000 left to her by her mother because she was overpaid her carer’s allowance.’
BBC News, 4th April 2024
Source: www.bbc.co.uk
‘Previously in the saga of benefits and pre-settled status (PSS – the status awarded to EU nationals and their family members covered by the Withdrawal Agreement if they have been in the UK less than 5 years), the UK government introduced regulations in 2019 stipulating that PSS awarded under the EU Settlement Scheme was not a sufficient right to reside for EU nationals to pass the habitual residence test when claiming many benefits. These regulations were challenged on the basis that they were discriminatory on the grounds of nationality, and while the Court of Appeal (COA) agreed in Fratila v SSWP [2020] EWCA Civ 1741, the Court of Justice of the European Union (CJEU) found in CG that people with PSS were not protected from nationality discrimination (Case C-709/20 CG v The Department for Communities in Northern Ireland EU:C:2021:602).’
Journal of Social Welfare and Family Law, 8th March 2024
Source: www.tandfonline.com
‘A coroner has criticised the Department for Work and Pensions (DWP) after a woman died from an overdose in the wake of a six-month official investigation that left her with soaring universal credit debts.’
The Guardian, 10th March 2024
Source: www.theguardian.com
‘A couple claimed more than £200,000 for care for their disabled son, but kept the money to fund their own “extravagant lifestyle”.’
BBC News, 25th February 2024
Source: www.bbc.co.uk
‘A woman who lied about having cancer to fraudulently claim more than £22,000 in benefits was a “fraudster” with a “dishonest vein that runs through your body”, a judge has said.’
BBC News, 28th October 2023
Source: www.bbc.co.uk
‘A man who used a letter from the UK Border Agency to create a false identity and claim £349,000 in benefits has been jailed for fraud.’
BBC News, 25th October 2023
Source: www.bbc.co.uk
‘Government has a legitimate interest in seeking to prevent and reduce error in the benefits system and in taking action to recover funds lost. And there is widespread pressure for the Department for Work and Pensions to do just that. However, creating systems capable of doing this work is fraught with challenges, including in terms of maintaining fairness and legality. Chief amongst them is the complexity of undertaking error detection work at the scale necessary for effectiveness without harming benefit recipients, who are often vulnerable and for whom benefits are an essential source of financial support. Such challenges are also magnified when, as is typical in modern government, techniques such as outsourcing to private companies and risk assessment are adopted.’
UK Constitutional Law Association, 23rd October 2023
Source: ukconstitutionallaw.org
‘Michael Mullin and Scarlet Taylor-Waller analyse an important Court of Appeal ruling in a case where a council offered accommodation in Walsall to an appellant who had lived all her life in London.’
Local Government Lawyer, 21st September 2023
Source: www.localgovernmentlawyer.co.uk
‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’
Nearly Legal, 28th August 2023
Source: nearlylegal.co.uk
‘The Equality and Human Rights Commission (EHRC) has warned of the consequences of “continuing inaction” from governments in addressing problems faced by disabled people.’
Local Government Lawyer, 22nd August 2023
Source: www.localgovernmentlawyer.co.uk
‘This case concerned Ms Whiting, who had a history of spinal conditions, mental health problems, and suicidal ideation. In September 2016, Ms Whiting needed a reassessment for her ESA benefit allowance. She requested a home visit due to her mobility problems and anxiety. The DWP failed to action this, and required her to attend an appointment in person. Ms Whiting was unable to do so, at that time being housebound with pneumonia.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘Creating a social security system that guarantees the essentials in life, regulating for-profit children’s homes, and extending peer-parent support are among a list of recommendations researchers believe could help to eradicate the “toxic culture” of England’s Child Protection Services.’
UK Administrative Justice Institute, 12th July 2023
Source: ukaji.org
‘Opportunities to help a man who starved to death were missed, a safeguarding review has found.’
BBC News, 14th May 2023
Source: www.bbc.co.uk
‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’
Parklane Plowden Chambers, 29th March 2023
Source: www.parklaneplowden.co.uk
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