Article 14 freedom from discrimination in the context of one’s human rights

R (on the application of MA & Others) v Secretary of State for Work & Pensions and Equality & Human Rights Commission [2014] EWCA Civ 13

Leave a Comment / Article 14 freedom from discrimination in the context of one's human rights, Article 14 freedom from discrimination in the context of one's human rights, Care Planning, Budgets and Choice Rights, Fairness and due process in the context of care planning, Fairness and due process in the context of care planning, How housing rights fit in with the Care Act, Human Rights principles relevant to care or support plan revisions, Human Rights relevant to Care Planning, Judicial Review, Legality, unlawfulness and error of law in the context of care planning, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content) /

The claimants appealed against the refusal of judicial review of the Housing Benefit (Amendment) Regulations 2012 (“the 2012 Regulations”) and the introduction of the “bedroom criteria”.  The 2012 Regulations had the effect of reducing the eligible rent, for the purpose of calculating housing benefit, where the number of bedrooms exceeds the number to which the […]

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Ombudsman’s investigation – Cumbria County Council (no.03/C/03360)

Leave a Comment / Article 14 freedom from discrimination in the context of one's human rights, Article 3 freedom from inhuman and degrading treatment, Fairness and due process in the context of care planning, Human Rights principles relevant to care or support plan revisions, Public law principles relevant to care or support plan revisions, Reviews and Revisions (cuts or changes to content) /

The decision of the Local Government Ombudsman (LGO) on a complaint made against Cumbria County Council (Cumbria) tracked a local authority’s response to an elderly person’s deteriorating health.  Mrs T received domiciliary care for 30 minutes each day to help with personal hygiene and to prepare breakfast.  A year later this had increased to 1

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Manchester City Council (on the application of L & ors) (26 October 2001) (unreported) (QBD)

Leave a Comment / Article 14 freedom from discrimination in the context of one's human rights, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Consent to treatment, being accommodated, and admission to hospital for children under 18, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Human Rights principles relevant to care or support plan revisions, Reviews and Revisions (cuts or changes to content), Section 20 accommodation arrangements under the Children Act /

Human rights – discrimination – proportionality – policy A local authority’s policy to pay short-term foster carers who were friends or relatives of the fostered child at a significantly lower rate than other foster carers, was discriminatory and unlawful. The claimants challenged the council’s policy on five main grounds: the policy was an attempt to

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Diane Pretty v Director of Public Prosecutions [2001] UKHL 61 (HL)

Leave a Comment / Article 14 freedom from discrimination in the context of one's human rights, Article 2 the right to life, Article 3 freedom from inhuman and degrading treatment, Article 8 the right to respect for home, family, private life and correspondence, Human Rights in health and Social Care /

Human rights – right to life – assisted suicide – inhuman and degrading treatment Mrs Pretty, who suffered terminally from motor neurone disease, appealed against the dismissal of her application  for judicial review of the DPP’s refusal to give an undertaking not to prosecute her husband under s2(1) of the Suicide Act 1961, were he to

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