Category: coronavirus

Grace period in a time of Covid – UK Human Rights Blog

Posted December 1st, 2021 in asylum, coronavirus, delay, deportation, detention, housing, human rights, immigration, news by sally

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

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UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer

Posted December 1st, 2021 in coronavirus, disabled persons, judicial review, local government, news, pre-action conduct, school children by sally

‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’

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Local Government Lawyer, 30th November 2021

Source: www.localgovernmentlawyer.co.uk

Covid: as rules on mask wearing in England return, what exactly is the law? – The Guardian

Posted December 1st, 2021 in coronavirus, fines, government departments, health & safety, news, transport by sally

‘As part of targeted measures to prevent the spread of the new Covid-19 variant Omicron, from 4am on 30 November, people in England will be required by law to wear a face covering in certain places.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other

Posted November 30th, 2021 in benefits, coronavirus, disabled persons, human rights, judicial review, news by tracey

‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’

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Each Other, 29th November 2021

Source: eachother.org.uk

Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog

Posted November 29th, 2021 in care homes, care workers, coronavirus, employment, human rights, judicial review, news, vaccination by tracey

‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

Posted November 29th, 2021 in care homes, care workers, coronavirus, Court of Protection, families, local government, mental health, news, vaccination by tracey

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Covid passes: Swansea cinema faces court over law breach – BBC News

Posted November 25th, 2021 in coronavirus, health & safety, local government, news, vaccination, Wales by sally

‘A cinema owner who defied the law by refusing to ask for Covid passes is facing court action.’

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BBC News, 24th November 2021

Source: www.bbc.co.uk

Brook House detention centre whistleblower ‘abuse’ inquiry begins – BBC News

Posted November 24th, 2021 in bullying, contracting out, coronavirus, detention, drug offences, government departments, immigration, inquiries, mental health, news, whistleblowers by sally

‘A public inquiry into the mistreatment of immigration detainees has heard a BBC Panorama documentary revealed “shocking” treatment which had “no place in a decent and humane” system.’

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BBC News, 23rd November 2021

Source: www.bbc.co.uk

Watchdog overturns ban on advert of Land Rover in forest – The Guardian

Posted November 24th, 2021 in advertising, complaints, coronavirus, environmental protection, news, ombudsmen by sally

‘Environmental campaigners have accused the UK advertising watchdog of bias for overturning a draft ruling that banned adverts for a mud-splattered Land Rover Defender off-roader after previously saying it encouraged “socially irresponsible” driving that could “cause damage to vulnerable habitats”.’

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The Guardian, 24th November 2021

Source: www.theguardian.com

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

Posted November 23rd, 2021 in coronavirus, Court of Protection, families, hospitals, human rights, medical treatment, news by sally

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Inability to find criminal lawyers ‘chickens coming home to roost’ – LCJ – Law Society’s Gazette

Posted November 19th, 2021 in barristers, coronavirus, courts, criminal justice, law firms, legal aid, news, solicitors by tracey

‘The inability to find barristers to represent criminal defendants is an example of “chickens coming home to roost”, the lord chief justice has said.’

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Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Are the digital tools we’ve got used to during the pandemic subject to misuse? – Each Other

Posted November 16th, 2021 in computer programs, coronavirus, data protection, equality, human rights, news, privacy by sally

‘At the start of 2020, the urgent need to contain COVID-19 meant that alongside direct medical and clinical strategies, most countries tried to restrict the majority of the population’s movements in some way.’

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Each Other, 16th November 2021

Source: eachother.org.uk

Universal credit claimants were sent unlawful demands to repay, says charity – The Guardian

Posted November 15th, 2021 in benefits, charities, coronavirus, government departments, identification, news by tracey

‘The Department for Work and Pensions has unlawfully told “significant” numbers of people who legitimately claimed universal credit at the start of the pandemic to repay money often totalling thousands of pounds, a charity has claimed.’

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The Guardian, 13th November 2021

Source: www.theguardian.com

Britain First activist faces retrial for alleged assault at hotel housing asylum seekers – The Independent

Posted November 12th, 2021 in assault, asylum, coronavirus, hotels, immigration, news, political parties, retrials by tracey

‘Magistrates have set aside the conviction of a Britain First activist accused of assaulting a security guard at a hotel housing asylum seekers. James White, 31, will face a retrial for assault at Coventry Magistrates’ Court on 7 March. He was found guilty of the offence in his absence on Monday, but the conviction was ruled unsafe two days later after his lawyer successfully argued proceedings had gone ahead unfairly.’

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The Independent, 11th November 2021

Source: www.independent.co.uk

Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer

Posted November 9th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by tracey

‘The “Overall Arrangements for Possession Proceedings” ­– published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

Expert evidence ‘expressing opinion’ in JRs inadmissible, High Court rules – Law Society’s Gazette

Posted November 9th, 2021 in care homes, coronavirus, expert witnesses, government departments, judicial review, news by tracey

‘Expert evidence in a judicial review which “goes beyond comment and expresses [an] opinion” about a decision under challenge is inadmissible, the High Court has said in dismissing an application to adduce a witness statement which consists “almost entirely of opinion evidence”.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk

Lord Chief Justice warns government over ‘value of the rule of law’ in courts funding plea – The Independent

Posted November 5th, 2021 in budgets, coronavirus, courts, criminal justice, delay, government departments, judges, Ministry of Justice, news, rule of law, statistics by michael

“In his annual report, published on Friday [5th November], Lord Burnett of Maldon warned that the only way to cut record waiting times was to run crown courts at full capacity for the ‘foreseeable future’.”

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The Independent, 5th November 2021

Source: www.independent.co.uk

Toning down the theatrics: Barristers “less aggressive” in remote hearings – Legal Futures

Posted November 5th, 2021 in barristers, coronavirus, cross-examination, expert witnesses, news, remote hearings, statistics by michael

“A significant number of expert witnesses who have been appeared in court remotely over the past 18 months say barristers have been “less aggressive” in their cross-examination.”

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Legal Futures, 5th November 2021

Source: www.legalfutures.co.uk

Highest ever number of rapes recorded in England and Wales – The Guardian

Posted November 5th, 2021 in coronavirus, domestic violence, news, rape, sentencing, sexual offences, statistics, victims, women by michael

“Police have recorded a record number of rape offences in England and Wales, according to official figures.”

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The Guardian, 4th November 2021

Source: www.theguardian.com

Pro bono services “cannot keep up” with post-Covid demand – Legal Futures

Posted November 3rd, 2021 in coronavirus, law firms, legal services, news, pro bono work by sally

‘Demand for pro bono legal assistance has accelerated dramatically since the pandemic started and providers cannot keep up, leading lawyers said this week.’

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Legal Futures, 3rd November 2021

Source: www.legalfutures.co.uk