Judicial Review

R (YVR) v Birmingham City Council

R (YVR) v Birmingham City Council [2024] EWHC 701 (Admin) 26 March 2024 – Collins Rice J Summary – This case concerned Birmingham City Council’s charging policy which the claimant YVR contended discriminated “against people who, like him, are so disabled they cannot, and will never be able to, do any paid work.” Click on […]

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R (On the Application Of Saint Sepulchre) v Royal Borough of Kensington & Chelsea [2023] EWHC 2913 (Admin)

Summary: The claimant, a 51-year-old man with severe physical and mental health conditions, sought judicial review of Kensington and Chelsea’s Housing Officers’ decision (“the Decision”), which had rejected his request for accommodation during the review of an earlier decision that deemed him not homeless under the Housing Act 1996.  It was held that due to

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SB & Anor, R (On the Application Of) v London Borough Of Newham [2023] EWHC 2701

This was a judicial review (JR) claim concerning the interaction between the obligations of the Defendant, Newham Council (LBN), under the Care Act (CA 2014) and those of the Home Secretary under s.95 of the Immigration and Asylum Act 1999 (“IAA 1999”), in relation to the provision of accommodation to asylum seekers with eligible care

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Bekoe v Islington [2023] EWHC 1668

https://www.bailii.org/ew/cases/EWHC/KB/2023/1668.html Summary: This case regards a claim in the High Court for the misuse of private information and breach of rights under the General Data Protection Regulation (“GDPR”), both of which succeeded and led to an award of £6000 in damages. Mr Yao Bekoe, the claimant, lived in the London Borough of Islington (“LBI”) and

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Secretary of State for Work And Pensions v Eveleigh & Ors (Rev1) [2023] EWCA Civ 810

https://www.bailii.org/ew/cases/EWCA/Civ/2023/810.html A previous ruling which found the Government’s National Disability Strategy survey was unlawful has been overturned by the Court of Appeal (Civil Division). The judgment was handed down on 11 July 2023, following a hearing on 28 June 2023 before Lady Justice Macur, Lord Justice Bean and Lady Justice Elisabeth Laing. Background Four disabled

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Swalcliffe Park School, R (On the Application Of) v Workingham Borough Council & Anor [2023] EWHC 1451 (Admin) 

Summary: Wokingham Borough Council had not sufficiently engaged with Swalcliffe Park School, a residential school for children with autistic spectrum disorder before naming it as the appropriate placement for a 16-year-old boy in his education, health, and care plan, effectively forcing the school to take the boy. The High Court told Wokingham Borough Council to

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After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way?

Does she have a home to go to, still? I.e. accommodation where she has a right to occupy? It doesn’t have to be HERS – it could be the home of a relative, or the opportunity to have a tenancy in another building in which care could be provided, in theory. If so, ask for

After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way? Read More »

Is a local authority allowed to reduce a direct payment without proving the need it met no longer exists?

Yes, as long as it follows due process and does not act unreasonably. The harsh and perhaps surprising answer is Yes, because in legal terms, after a period of a direct payment being in payment, the council is required to do a review and if it does a proper s27 revision exercise, it can reduce

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Rapp, R (on the Application of) v The Parliamentary and Health Service Ombudsman & Anor [2015] EWHC 1344 (Admin)

https://www.bailii.org/ew/cases/EWHC/Admin/2015/1344.html 15 May 2015 Facts This case concerned a claim for judicial review of a decision by the Ombudsman, the defendant, dated 22 January 2014, to uphold the conclusion of a report dated 23 August 2013 (“the Final Report”). The Claimant (“Mr Rapp”) began employment with an organisation known as Flexible Training (“Flexible”), which provided

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W, R (On the Application Of) v London Borough Of Lambeth [2023] EWHC 702 (Admin) (15 March 2023) 

https://www.bailii.org/ew/cases/EWHC/Admin/2023/702.html This case concerned an application for permission to bring judicial review proceedings on behalf of W, the claimant, against the London Borough of Lambeth, the defendant. W became homeless around the time of her 17th birthday when her relationship with her mother, which had been fractious throughout her life, completely broke down.  The crux

W, R (On the Application Of) v London Borough Of Lambeth [2023] EWHC 702 (Admin) (15 March 2023)  Read More »