‘Domestic abuse is a pivotal issue within today’s society, and is often not realised to be exacerbated by poor policy and support. After years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final stages before being enshrined in law.’
EIN Blog, 22nd March 2021
Source: www.ein.org.uk
‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’
Equality Law Blog, 22nd March 2021
Source: equalitylawblog.com
‘A group of former rough sleepers who were left destitute after the Department for Work and Pensions automatically deducted a third of their universal credit allowance to pay off court fines have won a high court victory.’
The Guardian, 18th March 2021
Source: www.theguardian.com
‘A five-year-old black British child has taken the Home Office to the high court arguing that officials are racially discriminating against families such as his own by denying access to the welfare safety net.’
The Guardian, 17th March 2021
Source: www.theguardian.com
‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’
Nearly Legal, 15th March 2021
Source: nearlylegal.co.uk
‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’
BBC News, 3rd March 2021
Source: www.bbc.co.uk
‘An 11-month-old baby and her mother are bringing a case in the high court to try to secure the baby’s right to free vitamins, formula milk and nutritious food.’
The Guardian, 1st March 2021
Source: www.theguardian.com
‘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
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