Deprivation of liberty safeguards reform delayed – Law Society’s Gazette

‘Major reform of safeguards covering people detained under the Mental Capacity Act will be a matter for the next government, the current government has revealed.’

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Law Society's Gazette, 22nd June 2023

Source: www.lawgazette.co.uk

New guidance needed to stop ministers putting friends on Whitehall boards – The Guardian

‘Ministers may be bringing in political “super-spads” through the backdoor by putting them on the boards of Whitehall departments, a leading committee of MPs has found, as it called for an overhaul of appointment rules.’

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The Guardian, 21st June 2023

Source: www.theguardian.com

Police urged to use stop and search to save more lives – Home Office

‘Police leaders must make sure their officers are confident to use stop and search powers wherever necessary, to seize dangerous weapons and prevent knife crime.’

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Home Office, 20th June 2023

Source: www.gov.uk

Windrush: Hundreds with chronic and mental illness sent back to Caribbean – BBC News

‘Hundreds of long-term sick and mentally ill people from the Windrush generation were sent back to the Caribbean in what has been described as a “historic injustice”, the BBC has found.’

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BBC News, 21st June 2023

Source: www.bbc.co.uk

Liberty launches judicial review challenge arguing protest law is “unjustified interference” with Parliamentary sovereignty – Local Government Lawyer

‘The National Council for Civil Liberties, also known as Liberty, is threatening a judicial review of the Home Secretary’s efforts to widen the circumstances in which the police can impose conditions on people organising or taking part in protests.’

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Local Government Lawyer, 19th June 2023

Source: www.localgovernmentlawyer.co.uk

More action to fight fraud, bribery and other economic crime – Home Office

‘Plans have been submitted to modernise the identification doctrine, a legal principle which can hold corporations criminally liable for an offence.’

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Home Office, 15th June 2023

Source: www.gov.uk

Home Office admits asylum plans in doubt – BBC News

Posted June 16th, 2023 in asylum, bills, delay, government departments, immigration, news, statistics by sally

‘Plans to improve the asylum system are “in doubt” unless the Home Office takes urgent action, the department has told the government’s spending watchdog.’

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BBC News, 16th June 2023

Source: www.bbc.co.uk

UK immigration: Little evidence Albanians at risk and need asylum – BBC News

‘There is “little evidence” Albanians are at risk in their country and need asylum in the UK, a committee of MPs says. Albanian nationals should not routinely be granted asylum, the Home Affairs select committee said.’

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BBC News, 12th June 2023

Source: www.bbc.co.uk

Home Office faces legal action over children missing from UK asylum hotels – The Guardian

‘Placing unaccompanied children in hotels run by the Home Office is “unlawful”, according to a legal action launched after hundreds of youngsters living in them have gone missing.’

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The Guardian, 11th June 2023

Source: www.theguardian.com

Brian Christopher Jones: Leadership exit points in the UK constitution – UK Constitutional Law Association

Posted June 5th, 2023 in constitutional law, government departments, news, parliament by sally

‘The UK constitution contains numerous ways that a serving Prime Minister can be deposed. Although we’ve seen this happen frequently in recent history—and especially over the past year—a wider discussion about these various exit points and their significance for the UK constitution has yet to emerge. But these exit avenues are undoubtedly important. Many world leaders have consolidated power in various ways in recent years, and some have floated refusing to leave office or staunchly resisted doing so. UK constitutional actors can and should be aware of these threats, and take measures to prevent them from happening. This post identifies four mechanisms for how UK leaders may be ousted: two formal options and two less formal options. It then further reflects on these mechanisms in terms of operation and recent events. At a time when many people lament the upholding of norms and values in the UK constitution, analysing these mechanisms could prove useful when assessing the need for and potential prospects of reform.’

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UK Constitutional Law Association, 5th June 2023

Source: ukconstitutionallaw.org

Home Office faces legal claims over seizure of asylum seekers’ phones – The Guardian

‘The Home Office faces a wave of legal claims after the UK’s surveillance watchdog found a blanket policy of seizing thousands of asylum seekers’ mobile phones caused “significant harm”.’

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The Guardian, 4th June 2023

Source: www.theguardian.com

Fresh judicial review challenge on horizon over Home Office asylum accommodation site – Local Government Lawyer

‘The Home Office could be subject to a fresh judicial review over its plans to house asylum seekers on former military sites across the country after an East Sussex resident reached a crowdfunding goal to challenge plans to move people into a disused prison.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

‘Horrendous’ practice of handcuffing children in care must be banned, MPs warn – The Independent

‘A coalition of MPs and peers is calling for the “horrendous” practice of handcuffing children in care during transport to be banned.’

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The Independent, 4th June 2023

Source: www.independent.co.uk

Ministers face legal challenge over cuts to walking and cycling investment in England – The Guardian

‘The government faces a legal challenge to its decision to cut investment in walking and cycling in England, over claims that the move bypassed legal processes and risks scuppering commitments over the climate emergency and air pollution.’

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The Guardian, 5th June 2023

Source: www.theguardian.com

Nearly 70% of rape victims drop out of investigations in England and Wales – The Guardian

‘Nearly 70% of rape survivors dropped out of the justice system in the fourth quarter of last year, according to official government data.’

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The Guardian, 30th May 2023

Source: www.theguardian.com

High Court dismisses negligence claim over failed group action – Legal Futures

‘The High Court has struck out a negligence claim against the law firm and eight barristers who acted on a failed group action on behalf of more than 40,000 Kenyans against the Foreign Office.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Government response to IICSA’s Final Report – Law & Religion UK

‘On 22 May, the Home Secretary made a statement on the Government’s response to the final report of the Independent Investigation into Child Sexual Abuse. She told the House of Commons that the Government had accepted the need to act on 19 of IICSA’s 20 recommendations (but see the response to Recommendation 3), though she also told the House that the Government’s response was not the final word. It should also be noted that “accepting the need to act” on a recommendation is not exactly the same as accepting the recommendation in full.’

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Law & Religion UK, 23rd May 2023

Source: lawandreligionuk.com

UK carves own path on data-related innovation under the GDPR – OUT-LAW.com

Posted May 26th, 2023 in bills, brexit, data protection, EC law, government departments, news by sally

‘In the five years since the General Data Protection Regulation (GDPR) took effect, the data protection legislative landscape in the UK has changed significantly, with further reform on the horizon.’

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OUT-LAW.com, 25th May 2023

Source: www.pinsentmasons.com

Opinion: Judith Ratcliffe – Journal of the Law Society Scotland

‘In this age of drives to digital, we need, written into law, a right for every citizen in the United Kingdom to access Government and local authority services offline (on paper and over the counter)’

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Journal of the Law Society Scotland , 15th May 2023

Source: www.lawscot.org.uk

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org