Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer

Posted November 2nd, 2023 in appeals, care homes, families, housing, human rights, local government, news by sally

‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

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Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

Indi Gregory: European judges reject appeal over ill baby’s case – BBC News

Posted October 27th, 2023 in appeals, children, doctors, hospitals, human rights, medical treatment, news by sally

‘European judges have rejected a bid by the parents of a critically ill baby to have her life-support treatment continued.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

High Court judge backs council decision on vaccination of child, rejects objections of mother – Local Government Lawyer

‘The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.’

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Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

Sunak to push ahead with delayed ban on gay and trans conversion practices – The Guardian

‘Rishi Sunak will push ahead with long-delayed plans to ban gay and trans conversion practices after Conservative whips warned MPs could rebel if they failed to do so.’

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The Guardian, 19th October 2023

Source: www.theguardian.com

Conversion therapy: Equality watchdog calls for ban – BBC News

‘Britain’s equality watchdog has called on the government to ban “harmful” conversion-therapy practices.’

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BBC News, 17th October 2023

Source: www.bbc.co.uk

Israel-Hamas war: what are the laws about protest in England and Wales? – The Guardian

‘Police have made dozens of arrests after protests across the UK against a bombing campaign and expected ground war in Gaza after the murderous attacks by Hamas in Israel.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Speech by Max Hill KC, DPP, to the JUSTICE Annual Human Rights Law Conference – Crown Prosecution Service

Posted October 11th, 2023 in Crown Prosecution Service, human rights, news, speeches by tracey

‘Speech by Max Hill KC, DPP, to the JUSTICE Annual Human Rights Law Conference.’

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Crown Prosecution Service, 6th October 2023

Source: www.cps.gov.uk

Dangerous use of force, failure of safeguards and culture of dehumanisation – Brook House Inquiry report finds 19 instances of inhumane or degrading treatment – Garden Court Chambers

‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’

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Garden Court Chambers, 19th September 2023

Source: www.gardencourtchambers.co.uk

How UK plan to send asylum seekers to Rwanda ended up before supreme court – The Guardian

‘The UK government’s plans to send asylum seekers to Rwanda had generated controversy even before the former home secretary Priti Patel signed a deal with the east African country in April last year sealing the deal. Ministers claimed the plan would deter people from making the dangerous journey across the Channel on small boats.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

High Court rules on legal challenge to Government’s Storm Overflow Discharge Reduction Plan – Garden Court Chambers

Posted October 5th, 2023 in chambers articles, environmental protection, human rights, news, water by sally

‘In this judgment, Mr Justice Holgate addressed a challenge brought by the Marine Conservation Society (MCS), Richard Haward’s Oysters and Hugo Tagholm against the Government’s Storm Overflow Discharge Reduction Plan (the Plan).’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

UK kick off domestic data protection law shift – OUT-LAW.com

Posted October 5th, 2023 in brexit, data protection, EC law, human rights, news, regulations by sally

‘Forthcoming changes to the basis of UK data protection law, although likely to be of minor practical impact, nevertheless represent an important shift in the lens through which domestic data protection legislation is viewed.’

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OUT-LAW.com, 4th October 2023

Source: www.pinsentmasons.com

Section 117B Public Interest Considerations Explained – Richmond Chambers

Posted October 4th, 2023 in chambers articles, human rights, news, proportionality, public interest by sally

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’

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Richmond Chambers, 7th September 2023

Source: immigrationbarrister.co.uk

Targets for reduction in sewage outflow not unlawful, says High Court – UK Human Rights Blog

‘The King (on the application of Wildfish Conservation v Secretary of State for the Environment, Food and Rural Affairs and the Environment Agency (Defendant) and the Water Services Regulation Authority (Interested Parties) [2023] EWHC 2285 (Admin). In 2022, there were over three hundred thousand incidents of overflow into coastal waters, freshwater rivers and estuaries from sewerage works in the UK, following heavy rainfall. The most common cause of the overflows studied was rainwater entering sewers with insufficient capacity.’

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UK Human Rights Blog, 28th September 2023

Source: ukhumanrightsblog.com

The Disability Ground in Abortion Law, and the Negative ‘Message’ it is Sending: R (Crowter) v Secretary of State for Health and Social Care – Oxford Human Rights Hub

Posted September 21st, 2023 in abortion, disabled persons, human rights, news by sally

‘A recent decision of the Court of Appeal involved a very interesting legal challenge based on an alleged negative “message” in the law. It raises important questions about the law on disability-selective abortion, but also more broadly on the possibility of challenges to the law based on any allegedly negative message.’

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Oxford Human Rights Hub, 21st September 2023

Source: ohrh.law.ox.ac.uk

Asylum seekers ‘degraded’ at detention centre: key points from Brook House inquiry – The Guardian

‘Report on immigration removal centre details “crushing” abuse and excessive use of force that has left detainees with PTSD.’

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The Guardian, 19th September 2023

Source: www.theguardian.com

Coronation arrests: Republic leader Graham Smith takes legal action – BBC News

Posted September 13th, 2023 in damages, defamation, human rights, judicial review, news, police, royal family, wrongful arrest by tracey

‘A republican protester detained on the day of King Charles’ Coronation is taking legal action against the Metropolitan Police.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk

Section 117B Public Interest Considerations Explained – EIN Blog

Posted September 12th, 2023 in human rights, immigration, news, public interest by tracey

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under S.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate. As such, understanding what falls under “the public interest” will be very significant when attempting to establish any factors which might weigh against an individual’s Article 8 rights in the context of this proportionality exercise. Therefore, in the following article, we will provide an overview of the different factors that form part of these “public interest” considerations and explore how they interact with Article 8 (ECHR).’

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EIN Blog, 12th September 2023

Source: www.ein.org.uk

Top UK lawyer hits out at ‘authoritarian’ attacks on legal profession – The Guardian

‘A leading British lawyer has compared UK government attacks on the profession to the tactics used by authoritarian regimes. Helena Kennedy KC, one of the UK’s most renowned criminal lawyers and a Labour peer, said ministers were deliberately creating scapegoats.’

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The Guardian, 10th September 2023

Source: www.theguardian.com