UKAJI September 2019 round-up

UKAJI September 2019 round-up:

Here is UKAJI’s round-up of important administrative justice events and research for September 2019. If you have anything to include in this month’s round-up, or any future round-ups, please contact Lee Marsons on lm17598@essex.ac.uk.

UKAJI blog posts:

• Chris Gill (University of Glasgow) posted a blog entitled ‘Accountability and improvement in the ombuds sector: the role of peer review’;
• Hideo Horasawa (University of Nanzan and University of Essex) posted a blog entitled ‘Public inquiries in Japan: Inquiries into the Fukushima nuclear disaster from a UK law perspective’;
• Richard Kirkham (University of Sheffield) and Naomi Creutzfeldt (University of Westminster) posted a blog entitled ‘Reform of the administrative justice system: a plea for change and a research agenda’;
• UKAJI posted an outline of Margaret Doyle and Nick O’Brien’s new book: ‘Reimagining Administrative Justice: Human rights in small places’ (Palgrave MacMillan, 2019).

Research and publications:

• Margaret Doyle and Nick O’Brien, Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019);
• Dorcas Quek Anderson published an article entitled Ethical Concerns in Court-Connected Online Dispute Resolution to appear in the International Journal of Online Dispute Resolution;
• Public Law Project published a piece concerning algorithmic justice and the EU Settlement Scheme;
• Carla Reeson (University of Nottingham) published a case-note on Samuels v Birmingham City Council [2019] UKSC 28. The case can be found here and concerned intentional homelessness under the Housing Act 1996;
• Michael Robinson (Darlington Citizens Advice) published a case-note on MM v Secretary of State for Work and Pensions [2019] UKSC 34. The case related to the interpretation of Regulations concerning Personal Independence Payments and can be found here;
• Ciara Fitzpatrick and Grainee McKeever (both of the University of Ulster) published an article entitled ‘Conditionality, discretion and TH Marshall’s ‘right to welfare’’;
• Stergios Aidinlis (University of Oxford) published an article entitled ‘Defining the ‘legal’: two conceptions of legal consciousness and legal alienation in administrative justice research’.

Events:

• Professor Maurice Sunkin (University of Essex), founder of UKAJI, was appointed to the HMCTS panel on court and tribunal reform;
• The University of Newcastle (Australia) began a series of free, online courses concerning conflict management in dispute resolution. The courses are organised by Professor Tania Sourdin (Head of School);
• The Ministry of Justice published its legal aid statistics for 2019;
• The Ministry of Housing published its English indices of deprivation 2019;
• Scottish Federation of Housing Associations (SFHA) Housing Management Conference (25 September 2019), including a presentation from Carolyn Hirst (Hirstworks) on her and Chris Gill’s research into Being Complained About;
• The Scottish Government released its 2018-19 report into welfare reform;
• RCGPcare Wellbeing Conference (28 September 2019), including a presentation from Carolyn Hirst on her and Chris Gill’s research (see above);
• The National Audit Office published a report into the support provided to pupils with SEND;
• The first World Patient Safety Day was celebrated by the World Health Organisation;
• NHS England published a report about its new Community Mental Health Framework for Adults and Older Adults;
• Public Law Project launched a website providing Universal Credit claimants free legal advice on benefit sanctions and their claimant commitment;
• The Ministry of Housing, Communities and Local Government continues its consultation into the implementation of the Homelessness Reduction Act 2017. The consultation closes 15 October 2019;
• The Committee on Fuel Poverty published its response to Ofgem’s consultation on its Draft Consumer Vulnerability Strategy 2025. The Committee also published its response to the Department for Business, Energy and Industrial Strategy’s consultation on the Energy Company Obligation on improving consumer protection;
• The Medicines and Healthcare Products Regulation Agency launched a consultation on how to involve patients and the public in its work;
• The Cabinet Office launched a policy paper on its ‘Shared Services Strategy for Government‘;
• Ofqual responded to its consultation about moderation and verification of centre assessment judgements;
• The Ministry of Housing launched a consultation into local authority financial reporting and external audit;
• The Department for Business launched a consultation into smart meter policy post-2020;
• The Committee for Fuel Poverty responded to the Department for Business’s consultation on its Fuel Poverty Strategy for England;
• The Treasury released a summary of the Financial Inclusion Policy Forum meeting in March 2019;
• The Ministry for Housing released the impact evaluation for its Rough Sleeping Initiative 2018;
• The Department for Work and Pensions launched a policy paper on its ‘Disability Confident’ initiative;
• The Department for Education launched a consultation on implementing its mandatory minimum per pupil funding levels;
• The Department for Education responded to its consultation on the methodology used to allocate its 16 to 19 discretionary bursary fund. It also released its equality assessment for this policy;
• The Social Security Advisory Committee published its response to its consultation on the Claimant Commitment for Universal Credit.

Ombuds affairs:

• Kate Eisenstein (Assistant Director of Insight and Public Affairs, PHSO) posted a blog on the PHSO website entitled ‘World Patient Safety Day 2019: Why learning and accountability must go hand-in-hand’;
• The PHSO determined that serious failings existed at Warrington and Halton Hospitals NHS Foundation Trust following the death of a 62 year old man whose cancer treatment was unacceptably delayed;
• The LGSCO published its annual review of adult social care complaints 2018-19;
• The LGSCO determined that, in car parks run by Cherwell District Council, motorists were denied the right to effectively challenge parking tickets;
• The LGSCO determined that a boy with autism was left for two years without a proper education after Dorset County Council failed to provide him with adequate alternatives to mainstream education;
• The LGSCO criticised Worcestershire County Council following the way that it dealt with a mother’s complaint about the lack of alternative education provision for her son;
• The LGSCO censured Staffordshire County Council for its failure to abide by an agreed remedy in two previous decisions;
• The SPSO is advertising an internship opportunity specifically for applicants with disabilities in its Inclusion Scotland “We Can Work” scheme. Applications close 15 October 2019;
• The SPSO laid its conclusions in 60 cases before the Scottish Parliament;
• The Housing Ombudsman Service published its latest e-newsletter;
• Richard Blakeway took office as the new Housing Ombudsman;
• The Housing Ombudsman published its response to a Ministry of Housing, Communities and Local Government consultation on the potential creation of a New Homes Ombudsman. The now closed consultation can be found here;
• The Legal Ombudsman published its response to the Independent Review of Legal Services Regulation undertaken by UCL;
• Andrew Medlock (Assistant Director of Strategy and Partnerships, PHSO) posted a blog post entitled ‘How we’re building a new Complaints Standards Framework’.

Parliamentary affairs:

• The Public Accounts Committee published a report on cross-government data management;
• The House of Lords debated the impact of, and response to, the funding levels of public services that interact with young adults;
• The Public Accounts Committee is continuing to receive written submissions in its ongoing inquiry into support for pupils with special educational needs and disabilities in England. The next oral evidence sessions is on 30 September 2019;
• The Public Accounts Committee is continuing to receive written submissions in its ongoing inquiry into the courts and tribunals reform programme. The next oral evidence session is on 7 October 2019;
• The Health Committee published conclusions and recommendations from its report into prescription charges in England;
• Though not strictly administrative justice related, readers may be interested in a parliamentary innovation advanced by the Treasury Committee, which is commissioning questions from the public to put to the Governor of the Bank of England;
• The International Development Committee published its report into the achievement of Sustainable Development Goals;
• The Housing Committee published its report into the ‘Help to Buy’ scheme, concluding that its benefits are far from certain and proven;
• The Liaison Committee published its report on the range and diversity of ‘voices’ being heard before parliamentary select committees;
• The Lords Home Affairs Sub-Committee noted its concerns about refugee protection post-Brexit;
• The Housing Committee took oral evidence from campaigners and academics on social housing in England;
• The Lords Health Committee held an oral evidence session on food policy and access to healthy diets;
• Holyrood’s Health Committee launched an inquiry into the cost of medicines in the Scottish NHS;
• Holyrood’s Local Government and Communities Committee initiated a consultation on whether period-related products should be government-funded;
• Holyrood’s Social Security Committee launched an inquiry into the reasons for unclaimed benefits in Scotland;
• The National Assembly for Wales responded to a petition concerning mental health support in Wales.

Cases:

• Lonsdale v Judicial Appointments and Conduct Ombudsman [2019] EWHC 2404 (Admin), on fairness and recusal standards in the Judicial Appointments and Conduct Ombudsman;
• Paul Newman New Homes Ltd v Secretary of State for Housing, Communities and Local Government [2019] EWHC 2367 (Admin), on the application of “tilted balance” under the National Planning Policy Framework, wherein a local planning policy is given more favourable consideration than would otherwise be so;
• R (Parkin) v Secretary of State for Work and Pensions [2019] EWHC 2356 (Admin), about a discrimination claim brought under Article 14 ECHR (in conjunction with Article 8 and A1P1) about the application of Universal Credit to the self-employed. The claim failed, alongside the claimant’s arguments as to irrationality at common law and s.149 of the Equality Act 2010 (‘public sector equality duty’).

News items:

• The BBC published a special piece about debt in Stoke-on-Trent;
• The BBC reported on a ‘housing crisis’ affecting 8.4 million people;
• Special Needs Jungle reported on the SEND inquiry conducted by the Public Administration and Constitutional Affairs Committee;
• The Guardian published a piece about Universal Credit and food bank use;
• Special Needs Jungle reported on a new initiative by Queen Mary University of London providing free legal advice and support on SEND issues;
• EU Observer published an opinion piece on the support provided to ombuds across Europe;
• The Sunday Times published a piece calling on the Government to tackle homelessness in England;
• The Independent published a piece related to homelessness statistics;
• The BBC reported on pupils with SEND who have yet to receive care plans;
• The BBC published a special report into the growth of poverty and inequality in Scotland.

Upcoming UKAJI posts:

• Natalie Byrom (Director of Research, Legal Education Foundation) will post a piece about her research into the Government’s court and tribunal reform programme;
• Katie Boyle (University of Stirling) will post a piece about her Nuffield-funded study into the protection of social rights in each of the UK jurisdictions;
• Charlotte O’Brien (University of York) will post a piece about her work into the discriminatory impact of the ‘two child rule’ for Child Benefit claimants;
• Sarah Nason (University of Bangor) will post a piece concerning the system of administrative justice for education in Wales;
• Lee Marsons (University of Essex) will post a piece concerning the need for caseworkers at the PHSO to be trained in emotional intelligence competencies;
• Anne-Marie Irwin (Irwin Mitchell solicitors) will post a piece concerning the ongoing judicial review into the Government’s funding of SEND education. Judgment is expected in October 2019.