‘Young adults leaving care are being let down by the justice system, according to a new academic study. Despite up to a third of the current prison population having experienced the care system, criminal justice professionals are ignorant of ways to help young care leavers stay out of jail, it warns.’
The Independent, 7th December 2014
Source: www.independent.co.uk
‘Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released.’
NearlyLegal, 7th December 2014
Source: www.nearlylegal.co.uk
‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’
NearlyLegal, 25th November 2014
Source: www.nearlylegal.co.uk
‘A woman whose council home has been fitted with a secure panic room to protect her from a violent ex-partner is going to court on Wednesday to challenge the government’s so-called bedroom tax.’
The Guardian, 18th November 2014
Source: www.guardian.co.uk
Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477
‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’
WLR Daily, 11th November 2014
Source: www.iclr.co.uk
‘A woman who claimed she was too ill to walk, yet was filmed surfing in Australia and swimming with dolphins, has been jailed for benefit fraud.’
BBC News, 14th November 2014
Source: www.bbc.co.uk
‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’
Zenith PI Blog, 13th November 2014
Source: www.zenithpi.wordpress.com
‘The European Court of Justice has issued a historic ruling against Romanian woman living in Germany that could set a major precedent blocking so-called “benefits tourism” across the continent.’
The Independent, 11th November 2014
Source: www.independent.co.uk
‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’
UK Human Rights Blog, 29th October 2014
Source: www.ukhumanrightsblog.com
‘A single mother-of-five who was made homeless after resisting Westminster Council’s attempt to move the family 50 miles from the capital is applying to the Supreme Court to review her case.’
The Independent, 29th October 2014
Source: www.independent.co.uk
‘The facts in Nzolameso v Westminster CC are pretty unremarkable, but the effects of the Court of Appeal’s judgement are likely to reverberate through every new homelessness application, especially in the London area.’
NearlyLegal, 26th October 2014
Source: www.nearlylegal.co.uk
‘This was the Liberty backed judicial review of the bedroom tax regulations on the basis that the regulations amounted to an article 8 breach, or an article 14 breach read with article 8, or that the regulations were irrational. At issue was the status of separated families where there was shared care.’
NearlyLegal, 23rd October 2014
Source: www.nearlylegal.co.uk
‘A deaf girl from Pakistan kept as a slave for nine years by a millionaire couple from Salford is to receive £100,000 in compensation.’
BBC News, 15th October 2014
Source: www.bbc.co.uk
‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’
NearlyLegal, 6th October 2014
Source: www.nearlylegal.co.uk
‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’
NearlyLegal, 24th August 2014
Source: www.nearlylegal.co.uk
‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’
Hardwicke Chambers, 4th August 2014
Source: www.hardwicke.co.uk
‘A couple from West Yorkshire who went to court to challenge a cut to their housing benefit have won their case.’
BBC News, 7th August 2014
Source: www.bbc.co.uk
‘Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis.’
Halsbury’s Law Exchange, 6th August 2014
Source: www.halsburyslawexchange.co.uk
‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’
The Guardian, 30th July 2014
Source: www.guardian.co.uk
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