‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’
Garden Court Chambers, 17th February 2021
Source: www.gardencourtchambers.co.uk
‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’
Equality Law Blog, 16th February 2021
Source: equalitylawblog.com
‘R (Salvato) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin). Ms Salvato is one such lone mother, who brought judicial review proceedings claiming that the differential method for reimbursing childcare costs constituted indirect discrimination against women contrary to Article 14 (read with Article 8 and/or Article 1 Protocol 1) ECHR and was irrational at common law. The Administrative Court agreed on both grounds.’
UK Human Rights Blog, 8th February 2021
Source: ukhumanrightsblog.com
‘Relatives of patients who died after receiving “dangerous” levels of painkillers at Gosport War Memorial Hospital have called for new inquests.’
BBC News, 5th February 2021
Source: www.bbc.co.uk
‘A severely mentally ill young mother died from a deliberate overdose after the removal of her disability benefits left her destitute, trapped in a months-long state of high anxiety and haunted by suicidal thoughts, an inquest has concluded.’
The Guardian, 27th January 2021
Source: www.theguardian.com
‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’
BBC News, 12th January 2021
Source: www.bbc.co.uk
‘The Home Office is still failing to provide thousands of asylum seekers in emergency hotel accommodation with basic cash support and essentials more than a month after being instructed by the high court to fulfil their legal requirements to do so.’
The Guardian, 1st December 2020
Source: www.theguardian.com
‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’
UK Human Rights Blog, 25th November 2020
Source: ukhumanrightsblog.com
‘The family of a severely mentally ill woman who died after being without disability benefits for several months have accused the Department for Work and Pensions (DWP) of failing to safeguard her.’
The Guardian, 5th November 2020
Source: www.theguardian.com
‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’
The Guardian, 25th October 2020
Source: www.theguardian.com
‘Questions around government responsibility for food systems, churning away during the Brexit debates, long ignored, sometimes derided, are meeting stark realities in the coronavirus pandemic. This week we are back to free school meals (FSM).’
UK Human Rights Blog, 22nd October 2020
Source: ukhumanrightsblog.com
‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’
BBC News, 22nd October 2020
Source: www.bbc.co.uk
‘People from Britain’s Roma community are being left unable to access vital support and are exposed to exploitation due to the government’s new digital-only status for EU citizens, research reveals.’
The Independent, 5th October 2020
Source: www.independent.co.uk
‘Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.’
Local Government Lawyer, 11th September 2020
Source: www.localgovernmentlawyer.co.uk
‘A homeless father of four with disabilities who was refused the chance to rent a private flat because he fell foul of the estate agents’ “no DSS” rules was unlawfully discriminated against, a court has ruled.’
The Guardian, 9th September 2020
Source: www.theguardian.com
‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’
The Independent, 1st September 2020
Source: www.independent.co.uk
‘Thousands of landlords are trying to avoid renting their properties to benefit claimants, despite a judge ruling a blanket ban was unlawful.’
BBC News, 28th August 2020
Source: www.bbc.co.uk
‘A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act 1996 (judicial review necessary, as no s.202 review option on s.188 accommodation).’
Nearly Legal, 23rd August 2020
Source: nearlylegal.co.uk
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