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UKAJI November 2019 round-up

Here is UKAJI’s summary of important administrative justice events, news, and research for November 2019. If you have any information to add to this or future round-ups, please contact Lee Marsons at lm17598@essex.ac.uk.

 

UKAJI blog posts:

 

Research and publications:

 

Ombuds affairs:

 

Parliamentary affairs:

 

Cases:

  • RR v Secretary of State for Work and Pensions [2019] UKSC 52: This was a follow-on case from the Supreme Court’s decision in R (Carmichael) v Secretary of State for Work and Pensions [2016] UKSC 58 regarding the lawfulness of the so-called ‘bedroom tax’ in Regulation B13 of the Housing Benefit Regulations 2006. With Lady Hale giving the judgment, the Supreme Court determined that, where it was necessary to avoid a violation of the Convention rights, housing benefit was to be calculated without spare-room deductions required by the Regulations. The court decided this on the basis that it is not unconstitutional for a court to disapply a provision of subordinate legislation which would otherwise result in their acting incompatibly with a Convention right, where this is necessary in order to comply with the Human Rights Act 1998.
  • London Borough of Waltham Forest v Saleh [2019] EWCA Civ 1944: The central issue on this appeal was whether, in conducting a review of a homelessness decision under s.202 Housing Act 1996, the review officer must reconsider the decision in the light of all relevant circumstances at the date of the review or is limited to a reconsideration of the facts as they stood at the date of the original decision. The Court of Appeal decided the obligation of the council to review its decision required it to reconsider that decision in the light of all material circumstances at the date of review.
  • R (BACI Bedfordshire) v Environment Agency [2019] EWCA Civ 1962: concerning the proper factual basis on which the Environment Agency could grant an environmental permit to a company, and the extent of the ‘margin of appreciation’ possessed by the Agency in doing so.
  • R (Anand and Alg) v Royal Borough of Kensington and Chelsea [2019] EWHC 2964 (Admin): concerning a local authority’s imposition of parking restrictions, which were challenged on three grounds: (1) failure to consult; (2) failure to discharge the public sector equality duty under section 149 of the Equality Act 2010; and (3) irrationality.
  • R (Bond) v Vale of White Horse District Council [2019] EWHC 3080 (Admin): concerning a challenge to a local authority’s designation of land as inside the green belt when it was previously understood as being outside of the green belt. The decision was challenged on the grounds of illegality and legitimate expectation.
  • R (Daniel Justin Farmiloe) v Gas and Electricity Markets Authority [2019] EWHC 2981 (Admin): concerning a judicial review of the Authority’s refusal to accept the claimant’s application to be a registered and accredited provider under the Domestic Renewable Heat Incentive Scheme.

 

News items:

 

Upcoming UKAJI blog posts:

  • Liz Fisher-Frank (University of Essex) will post a blog concerning the work of the Essex Law Clinic and its promotion of social rights.
  • Margaret Doyle (University of Essex) will post a blog regarding the House of Commons Education Committee Report in SEND.
  • 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;
  • 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.

About UK Administrative Justice Institute

Funded by the Nuffield Foundation, we link research, practice & policy on administrative justice in the UK

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  1. Pingback: UKAJI Christmas and New Year Break | UKAJI - December 20, 2019

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