Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Why The Human Rights Act Matters To Journalists – Each Other

Posted May 24th, 2022 in bills, human rights, media, news by sally

‘The Justice Secretary, Dominic Raab, recently took to the Mail Online to justify his plans to introduce a Bill of Rights replacing the Human Rights Act (HRA), the UK law that obliges the government to ensure our rights as citizens are upheld.’

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Each Other, 23rd May 2022

Source: eachother.org.uk

Agent’s abused former partner in legal action against MI5 – BBC News

‘A woman who was terrorised and abused by an MI5 agent is taking legal action against the security service.’

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BBC News, 21st May 2022

Source: www.bbc.co.uk

Proposed Reforms to the UK Human Rights Act – Oxford Human Rights Hub

Posted May 20th, 2022 in consultations, government departments, human rights, news by sally

‘In December 2021, the UK Government released its consultation document proposing changes to the Human Rights Act 1998. That document followed the report of the Independent Human Rights Act Review, established in 2020 to examine, first, the relationship between domestic UK courts and the European Court of Human Rights (ECtHR), and second, the impact of the Human Rights Act 1998 on the relationship between the three branches of state in the UK. Incidentally, the Oxford Human Rights Hub submitted evidence to that latter report. This article considers some of the most important proposed changes.’

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Oxford Human Rights Hub, 18th May 2022

Source: ohrh.law.ox.ac.uk

Daughter of woman whose corpse was abused loses High Court inquiry fight – The Independent

‘A woman whose mother’s corpse was abused by a necrophiliac murderer has lost a High Court fight with Health Secretary Sajid Javid over arrangements for a public inquiry.’

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The Independent, 17th May 2022

Source: www.independent.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

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EIN Blog, 13th May 2022

Source: www.ein.org.uk

Levi Bellfield: Raab says granting marriage request ‘inconceivable’ – The Guardian

‘Granting Levi Bellfield’s request to get married in prison is “inconceivable” unless serious safeguarding concerns are addressed, Dominic Raab has said. Bellfield, who murdered Marsha McDonnell, Amelie Delagrange and Milly Dowler, is engaged and has requested a prison wedding, the Ministry of Justice has confirmed.’

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The Guardian, 12th April 2022

Source: www.theguardian.com

The Government’s Proposed Bill Of Rights Is A ‘Power Grab’ – Each Other

‘On the same day Prince Charles declared in the Queen’s Speech that the government intends to replace the Human Rights Act (HRA) with a new Bill of Rights, civil liberties activists rallied behind a campaign in what may be a last attempt to protect it.’

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Each Other, 11th May 2022

Source: eachother.org.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Supreme Court grants permission to appeal over gang injunction secured by council – Local Government Lawyer

‘The Supreme Court has agreed to hear an appeal over whether a gang injunction obtained by Birmingham City Council breached human rights law.’

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Local Government Lawyer, 3rd May 2022

Source: www.localgovernmentlawyer.co.uk

Unequal Protection for LGBT+ Victims of Domestic Abuse – Oxford Human Rights Hub

‘Almost a decade ago, on 16 July 2012, Mr C was killed by his boyfriend, Mr Y. Pursuant to the Domestic Violence Crime and Victims Act 2004, local authorities conducted a review into the circumstances of C’s death. According to the Review, Mr C had been assaulted over a period of months and probably years. He had seen multiple health professionals in the last years of his life, none of whom had picked up on the signs of abuse or asked about it.’

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Oxford Human Rights Hub, 27th April 2022

Source: ohrh.law.ox.ac.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

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EIN Blog, 26th April 2022

Source: www.ein.org.uk

Trial of Extinction Rebellion co-founder delayed pending High Court judgment – The Independent

‘The criminal damage trial of the co-founder of Extinction Rebellion has been delayed pending a High Court judgment over the toppling of Edward Colston’s statue in Bristol.’

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The Independent, 19th April 2022

Source: www.independent.co.uk

Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association

Posted April 19th, 2022 in artificial intelligence, benefits, electronic filing, fraud, human rights, news by sally

‘Challenging inaccurate decisions of public authorities which fundamentally impact the life of the British public, could soon be harder. The UK government plans to replace the Human Rights Act 1998 with a Modern Bill of Rights. Its package of law reform proposals will make it very hard, and in some cases impossible, for individuals to challenge decisions produced by the operation of artificial intelligence decision-making processes in court. While individuals who experience discrimination in their daily lives will be particularly affected, all individuals will face barriers to accessing justice. This development is important in light of the fact that the UK government formulated a strategic priority in 2017 to create conditions for the growth of the artificial intelligence industry in the United Kingdom. As a follow up the UK government set up the Government Digital Service and the Office for Artificial Intelligence in 2019 in order to inform public authorities about how they can embed artificial intelligence technology into the provision of public services. This suggests that public authorities will make increasing reliance on the employment of artificial intelligence decision-making processes. The Department for Work and Pensions (DWP) is already using artificial intelligence technology to detect which individuals are fraudulently claiming benefits.’

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UK Constitutional Law Association, 19th April 2022

Source: ukconstitutionallaw.org

Outsourcing asylum seekers: the case of Rwanda and the UK – EIN Blog

Posted April 19th, 2022 in asylum, human rights, news, refugees by sally

‘UK Prime Minister Boris Johnson announced on April 14 2022 that Britain would relocate some asylum seekers arriving in the UK to Rwanda. The plan was condemned by the opposition as well as human rights groups such as Amnesty International. The UK has settled on Rwanda after earlier reports that it had been considering Albania and Ghana. In the light of the latest developments, Cristiano d’Orsi, an expert on the law and asylum seekers, provides insights into why Rwanda.’

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EIN Blog, 14th April 2022

Source: www.ein.org.uk

Rochdale grooming: Abused women receive police damages – BBC News

‘Three women who were groomed, raped and abused by gangs of men in Rochdale have received “substantial” damages and an apology from Greater Manchester Police.’

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BBC News, 12th April 2022

Source: www.bbc.co.uk

Edward Colston statue case sent to Court of Appeal – BBC News

‘The acquittal of four people on trial for toppling Bristol’s Edward Colston statue has prompted the attorney general to contact the Court of Appeal.’

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BBC News, 13th April 2022

Source: www.bbc.co.uk

High court denies Met permission to challenge ruling on Sarah Everard vigil – The Guardian

‘The Metropolitan police has been refused permission for a “hopeless” appeal against a high court ruling that found the force breached the rights of organisers of a vigil for Sarah Everard in south London last year.’

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The Guardian, 11th April 2022

Source: www.theguardian.com

‘Cruel’ move to deport charity worker from UK overruled – The Guardian

‘An immigration tribunal has overturned a “cruel and morally wrong” decision by the Home Office to deport a well-respected black charity volunteer who grew up in the UK.’

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The Guardian, 9th April 2022

Source: www.theguardian.com

BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian

‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’

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The Guardian, 7th April 2022

Source: www.theguardian.com