Keywords: Decision making, Irrationality A decision of NHS England to refuse funding to treat a child who suffered from a rare metabolic condition with a drug which would alleviate his condition was irrational. SB (a 7 year old child) had Phenylketonuria (“PKU”), a rare inherited metabolic condition which inhibited his ability to digest protein. The […]
M was a single mother. Social Services had been involved in the upbringing of her son, A, almost since his birth. A’s name had been placed on the child protection register under the category of emotional abuse. He spent much of his childhood in the care of foster parents. In 1996, when A was 14,
Maddock v Devon County Council (13 August 2003) (QBD) Read More »
Asylum seeker – NASS – human rights H, a destitute asylum seeker, had been housed in local authority with accommodation, together with her extended family (including her son’s fiancée and their children), pending the determination of her asylum application. Following the rejection of her application, and subsequent appeals, responsibility for housing H passed to NASS. H,
The Court of Appeal upheld the High Court’s decision that the Leonard Cheshire Foundation (LCF) was not a public authority and was not exercising functions of a public nature within the meaning of s6 HRA 1998, merely by virtue of its contractual arrangement with the local authority, through which the local authority discharged its duties
Heather, Ward and Callin v Leonard Cheshire [2002] EWCA Civ 366 (CA) Read More »
Human rights – article 8 – positive duty – right to respect for private life The Grand Chamber of the European Court of Human Rights has overturned the decision below. The Court held that in previous cases in which environmental issues had given rise to violations of the Convention, the national authorities had failed
Hatton v UK (case no. 36022/97) ( 8 July 2003) (ECtHR) Read More »
Human rights – crime and disorder – privacy This was a challenge to the lawfulness of an “offender naming scheme” operated by Essex police. The scheme involved displaying posters of an offender, the nature of his offence and the sentence he was serving. The scheme was part of Essex police’s strategy to reduce crime, in
Ellis v The Chief Constable of Essex Police [2003] EWHC 1321 (Admin) Read More »