30 Nov, 2016 Rewriting history or righting a wrong? Court of Appeal orders removal of content from a judgment By Caoilfhionn Gallagher KC The Court of Appeal in Re W (A Child) [2016] EWCA Civ 1140 has granted a highly unusual remedy, ordering that passages be excised from a...
22 Nov, 2016 JRs and new decisions - amend or reissue? By Doughty Street Chambers Very commonly in community care cases, a challenge is issued against one decision only for the authority to make a fresh decision which...
21 Nov, 2016 One local authority's motto: Assuming nothing, Believe nothing, Check everything By Sam Jacobs I recently wrote a piece on procedural fairness in section 17 assessments where local authorities are drawing adverse inferences from...
18 Nov, 2016 Right to rent - it's becoming offensive... By Doughty Street Chambers Life is about to get even harder for persons without leave to remain in the UK. With effect from 1 December, sections 39 and 40 the...
18 Nov, 2016 Transparent needs and reasonable foundations: the Supreme Court on the bedroom tax By Daniel Clarke On 9 November, the Supreme Court handed down its judgment in R (Rutherford and others) v SSWP [2016] UKSC 58, on the discriminatory...
17 Nov, 2016 Are CCGs acting unlawfully in spending paltry sums on children's mental health care? By Caoilfhionn Gallagher KC Today's Guardianreports that, Professor Sir Simon Wessely, President of the Royal College of Psychiatrists, has raised serious concerns...
16 Nov, 2016 Section 17 assessments and procedural fairness By Sam Jacobs Since R (MN) v Hackney [2013] EWHC 1205 the drawing of adverse inferences from non-disclosure of information has been a frequent refrain...
16 Nov, 2016 Accommodation only needs - Appeal finally launched By Dominic Preston On 15th November 2016 the court of appeal gave permission to appeal in a Care Act case: SG v Haringey LBC [2015] EWHC 2579. Some...
16 Nov, 2016 Care Act Assessments - The Devil remains in the detail By Dominic Preston Care act assessments have a symmetry to them that appears attractive: (1) Work out whether there are needs for care and support? (2)...
16 Nov, 2016 How does the person at the centre of a COP case take part in it? By Sophy Miles The Vice President of the Court of Protection has issued welcome new guidance on the participation of the vulnerable person at the centre...
15 Nov, 2016 'Brand Branson' extends its reach with £700m contract to deliver NHS and social care services By Caoilfhionn Gallagher KC Sir Richard Branson once said: "Opportunities are like buses - there's always another one coming!" Last week saw a £700 million...
08 Nov, 2016 Today is an important day for children's rights - don't let Trump and Toblerones distract you By Caoilfhionn Gallagher KC Writing in today's Guardian, Martha Spurrier reminds us that, "when huge stories are breaking like tidal waves elsewhere, it’s always...