In this case, the Court of Appeal dismissed an appeal brought by AB, a 15 year old young offender, who contended his Article 3 Convention rights had been breached by his being subject to ‘single unlock’ (a form of solitary confinement instituted during communal hours only) when at Feltham YOI. A cross appeal by the […]
R (on the application of MIV and others) v London Borough of Newham  EWHC 3298 The High Court has dismissed a claim for damages in respect of accommodation provided under section 17, Children Act 1989 which was alleged to be in breach of article 8. Emma Godfrey of Field Court Chambers appeared for the […]
The Supreme Court has today handed down judgment in the case of Williams v Hackney ; a case in which the local authority had accommodated 8 children under s. 20 of the Children Act 1989 in circumstances which the parents argued had infringed their rights under Article 8 of the ECHR. The Supreme Court has […]
Jonathan Cowen, Anita Rao, and Eleanor Sibley successfully represented Birmingham City Council in the Court of Appeal in an appeal against a decision of the Court of Protection that a 16 year old disabled child (D), who lacked capacity to make decisions about his residence and care, was deprived of his liberty in a residential […]
Genevieve Screeche-Powell considers the guidance given by Mr. Justice Cobb on the difficult and sensitive question of the observance of Islamic religious practice for an adult lacking capacity in the case of Re IH (Observance of Muslim Practice)  EWCOP 9. The case concerned IH, a 39-year-old man with a profound learning disability, functioning intellectually […]
Joshua Swirsky considers The Public Guardian’s Severance Applications  EWCOP 10 in which District Judge Eldergill gave guidance following 17 applications by the Public Guardian for LPAs to be severed. Intention Over Form In The Public Guardian’s Severance Applications  EWCOP 10 District Judge Eldergill considered 18 applications by the Public Guardian to sever parts […]
Alistair Cantor considers a recent decision of the Administrative Court in R (on the application of JF) v London Borough of Merton  EWHC 1519 concerning the lawfulness of a Care Act assessment and associated decisions made by the local authority in respect of the termination of an existing placement and the suitability of a […]
Jonathan Cowen considers the decision of the Administrative Court in R(Liverpool City Council and others) v The Secretary of State for Health  EWHC 986 (Admin) in which four local authorities challenged the sufficiency of funding for the deprivation of liberty regime.
Anita Rao considers the Court of Appeal decision in Re Z (a child)  EWCA Civ 157, giving guidance on who bears the burden of paying for translating documents in court proceedings.
If the young person wishes to challenge the age assessment he has to then obtain legal advice and, if appropriate, see an interim injunction. Sometimes the interim relief is applied for after the young person has been dispersed.
The 2 applicants in these cases that were heard together were from Afghanistan and Vietnam respectively. There was nothing remarkable about the facts of either case. Both raised factual issues that are to be tried by the Upper Tribunal, however, Popplewell J ordered that a ‘rolled up’ hearing to consider the challenge to LBC’s practice.