UKAJI December 2020 round-up

UKAJI December 2020 round-up

Here is UKAJI’s round-up of important news, events, publications, and cases for December 2020. If you have anything to add to this or any future round-up, please contact Lee Marsons on lm17598@essex.ac.uk.

Publications and articles:

• Mark Elliott, Repealing the Fixed-Term Parliaments Act 2011 (Public Law For Everyone, 2 December).
• Michael Thomson, Bioethics and Vulnerability: Recasting the objects of ethical concern (Emory, 15 December).
• Beverley Clough, An inappropriate placement and Article 8 rights (Open Justice Court of Protection, 21 December 2020).
• Bram Geurkink, Agnes Akkerman and Roderick Sluiter, How suppression in the workplace can affect political participation (21 December 2020).
• Gustavo M Tavares, Filipe Sobral and Bradley E Wright, Commitment to Public Values, Charismatic Leadership Attributions, and Employee Turnover in Street-level Bureaucracies (Journal of Public Administration Research and Theory).
• Anne Mette MØLLER, Deliberation and Deliberative Organizational Routines in Frontline Decision-Making (Journal of Public Administration Research and Theory).
• José Nederhand, Evaluating the Role of Government Collaboration in the Perceived Performance of Community-Based Nonprofits: Three Propositions (Journal of Public Administration Research and Theory).
• Cody A Drolc and Lael R Keiser, The Importance of Oversight and Agency Capacity in Enhancing Performance in Public Service Delivery (Journal of Public Administration Research and Theory).
• Gregory A Porumbescu, Suzanne J Piotrowski and Vincent Mabillard, Performance Information, Racial Bias, and Citizen Evaluations of Government: Evidence from Two Studies (Journal of Public Administration Research and Theory).
• Kenneth Armstrong, Governing with or without consent – the United Kingdom Internal Market Act 2020 (18 December 2020, UKCLA).
• Alison Young, The Draft Fixed-Term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? (4 December 2020, UKCLA).
• Nicholas Reed Langen, Reforming the Supreme Court (1 December 2020, UKCLA).
• Joe Tomlinson, Embracing Complexity and Diversity in the Principles of Administrative Law (2 December 2020, Admin Law Blog).
• Paul Daly, The General, the Specific and the Anatomy of Administrative Law (15 December 2020, Admin Law Blog).
• Joanna Bell, The Anatomy of Administrative Law: Reflections on the Reflections (23 December 2020, Admin Law Blog).
• Jurgen Willems, Public servant stereotypes: It is not (at) all about being lazy, greedy and corrupt (Public Administration).
• Rik Peeters, Anat Gofen and Oliver Meza, Gaming the system: Responses to dissatisfaction with public services beyond exit and voice (Public Administration).
• Richard Shaw and Chris Eichbaum, Bubbling up or cascading down? Public servants, political advisers and politicization (Public Administration).
• Evelien Willems, Politicized policy access: The effect of politicization on interest group access to advisory councils (Public Administration).
• Mark Considine, Siohban O’Sullivan, Michael McGann and Phuc Nguyen, Contracting personalization by results: Comparing marketization reforms in the UK and Australia (Public Administration).
• Marian Dohler, The architecture of organizations as missed opportunity in political research (Public Administration).
• Yuguo Liao and Rusi Sun, How does council–manager conflict affect managerial turnover intention? The role of job embeddedness and cooperative context (Public Administration).
• Radoslaw Kowalski, Marc Esteve and Slava Jankin Mikhaylov, Improving public services by mining citizen feedback: An application of natural language processing (Public Administration).
• Moshe Maor, Strategic communication by regulatory agencies as a form of reputation management: A strategic agenda (Public Administration).

Consultations:

• The Ministry of Justice is consulting until 31 January 2021 on proposed reforms for obtaining permission to appeal from the Upper Tribunal to the Court of Appeal, available here.
• Ofqual ran a 10-day consultation between 10 and 20 December on the provision of advance information to be covered in GCSEs and A-Levels in 2021.
• The House of Lords Risk Assessment and Risk Planning Committee initiated a consultation into the UK’s resilience to hazards with the potential to cause significant human, economic, environmental and infrastructure damage.

Reports and policy papers:

• Pamela Cox (University of Essex), Ruth Lamont (University of Manchester) and Maurice Sunkin (University of Essex) published a report entitled ‘Constitutional powers of the Victims’ Commissioner for England and Wales’ on 3 December, available here.
• The Care Quality Commission released its interim report on the use of Do Not Attempt Cardiopulmonary Resuscitation decisions during the Covid-19 pandemic, available here.
• Carnegie UK Trust published a report entitled ‘Gross Domestic Wellbeing (GDWe): an alternative measure of social progress’, available here.
• Local Government Association released its report entitled ‘Rethinking homelessness prevention, available here.
• Local Government Association released a report entitled ‘Lessons learnt from councils’ response to rough sleeping during the Covid-19 pandemic’, available here.
• The Government Commercial Function published a paper on The Social Value Model of public decision-making, along with a guide to using this model.
• The Low Pay Commission released its 2020 report, available here.
• Following a Joint Committee on Human Rights report in September 2020 on the Government’s response to Covid-19, the Government released its formal response to that report.
• The Children’s Rights Alliance for England released a submission to the United Nations Committee on the Rights of the Child concerning child poverty in the UK.
• The Joseph Rowntree Foundation released a report called Destitution in the UK 2020.
• The Women’s Budget Group released a paper on the UK Spending Review in 2021.
• The Ubele Initiative released a report on the impact of Covid-19 on voluntary and community organisations led by ethnic minority groups, available here.
• The British Red Cross released a report on protection for survivors of human trafficking called First Steps to Safety.
• The Paul Hamlyn Foundation released its Strategy 2020.
• Maternity Action released a report on the impact of insecure labour on pregnant women.
• Runnymede Trust released a report on building support for racial justice in the UK.
• Young Women’s Trust released a report on inequality among young women in England and Wales.
• National Audit Office released a report into the Government’s preparations for potential Covid-19 vaccines, available here.
• National Audit Office released its audit opinion on the Child Maintenance Client Funds Account 2019-20.
• National Audit Office released a report into the approach of the government to test and trace in England, available here.
• National Audit Office released a report entitled Digital Services at the Border.
• National Audit Office released a report exploring the challenges of achieving net zero carbon emissions by 2050.
• National Audit Office released a report into the Department for Education’s free school meal voucher scheme in England.
• Richard Ekins of the Judicial Power Project published a paper entitled The Case for Reforming Judicial Review.

Devolved affairs

• The Welsh Auditor General released its equality report 2019-20, available here.
• The Welsh Auditor General released a report on procurement and supply of personal protective equipment during the Covid-19 pandemic, available here.
• The Welsh Auditor General released a report on Health Education and Improvement Wales’s arrangements to detect and counter fraud in NHS Wales.
• The Welsh Auditor General released a report on the provision of free school meals during the Covid-19 pandemic in Welsh schools.
• The Welsh Auditor General released a commentary on the Welsh Government’s Consolidated Accounts 2019-20.

Ombuds affairs

• Local Government and Social Care Ombudsman released its Annual Report and Accounts 2019-20.
• LGSCO upheld a complaint against the London Borough of Harrow for failing to apologise to a resident when the council did not take enforcement action against a neighbouring property which had fallen into disrepair.
• LGSCO released a report into the provision of services by local authorities for children in care.
• LGSCO determined that Birmingham City Council failed to provide adequate support to the foster parents of a child whose mother had died and considered allowing the child to be deported.
• LGSCO determined that an autistic child missed the start of the new school year because Surrey County Council did not inform the child’s mother that she needed to reapply for transport to school.
• LGSCO determined that a mother in Nottinghamshire got into over £1500 of debt because of her council’s failure to provide free transport to her child’s special school.
• Scottish Public Services Ombudsman released its findings for December 2020.
• Under the Public Services Ombudsman (Wales) Act 2019, the PSOW became the Complaints Standards Authority for Wales.
• PSOW determined that Cardiff Council failed to uphold its promise to a vulnerable resident to carry out an assessment of care needs.
• PSOW determined that North Wales Health Board should reimburse a resident more than £8000 after delays in cancer treatment meant that he sought a privately-funded alternative.

Parliamentary affairs

• The Government published the draft Fixed-Term Parliaments Act 2011 (Repeal) Bill, along with a statement of principles on the exercise of prerogative powers related to dissolution.
• Housing, Communities and Local Government Committee held an evidence session on 7 December for its inquiry into the future of the planning system in England, available here.
• Parliament approved the European Union (Future Relationship) Act 2020 on 30 December, which implements the Trade and Cooperation Agreement between the UK and EU.
• The House of Lords Constitution Committee released a report on the European Union (Future Relationship) Act 2020 arguing that the legislation should be subject to post-legislative scrutiny.
• The Chair of the House of Commons Treasury Committee wrote to the Chief Executive of National Savings and Investments concerning low-levels of customer satisfaction and high-levels of complaints.
• The United Kingdom Internal Market Act 2020 came into force.
• The Joint Committee on Human Rights held an evidence session into freedom of expression, available here.
• The Joint Committee on Human Rights launched an inquiry into the human rights implications of a long lockdown.
• The House of Commons Justice Committee endorsed the appointment of Sir Ashley Fox as Head of the Independent Monitoring Authority, a new body designed to uphold and monitor the rights protection afforded to 3.7m EU citizens living in the UK after Brexit.
• The Home Affairs Committee held an evidence session with the Government’s preferred candidate for Independent Chief Inspector of Immigration and Borders, David Neal.
• The Home Affairs Committee held an evidence session on the operation of the Windrush Compensation Scheme.
• The Equalities Committee released a report into the impact of the Covid-19 impact on disabled people’s access to services.
• The Treasury Committee released a report on the operation of the furlough scheme during the Covid-19 pandemic.
• The Housing Committee held an evidence session with homelessness charities on the impact of Covid-19 on homelessness and the private rented sector in England.
• The Public Accounts Committee released a report on the Covid Bounce Back Loans Scheme.
• The House of Lords Liaison Committee released a report into the number of investigative and scrutiny committees.
• The House of Lords Public Services Committee released a report into public services during the Covid-19 pandemic.
• The Work and Pensions Committee held an evidence session with the Children’s Commissioner for England on the impact of Covid-19 on children’s development and poverty.
• The Procedure Committee released a report on House of Commons debate time limits and call lists during the Covid-19 pandemic.
• The Housing Committee launched an inquiry into the financial sustainability of local authorities in England.
• The Public Accounts Committee released a report on the ongoing Starter Homes policy for young people.
• The Parliamentary Constituencies Act 2020 received Royal Assent.
• The Social Security (Up-Rating of Benefits) Act 2020 received Royal Assent.
• The Taxation (Post-Transition Period) Act 2020 received Royal Assent.
• The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 received Royal Assent.

Cases:

• R (MP) v Secretary of State for Health and Social Care [2020] EWCA Civ 1634, on the duty to consult and legitimate expectations arising in relation to the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017.
• R (EOG) v Secretary of State for Home Department [2020] EWHC 3310 (Admin), on the Home Office’s discretionary leave to remain policy for victims of human trafficking.
• Kumar v London Borough of Hillingdon [2020] EWHC 3326 (Admin), on whether Hillingdon could refuse to mediate a SEND dispute with a child’s parents on the basis that the parents wanted a legal representative present during the mediation.
• ZK v London Borough of Redbridge [2020] EWCA Civ 1597, a challenge pursued by the parents of a blind child suggesting that the decentralised model of SEND support provided by the defendant council provided inadequate support.
• R (Dolan) v Secretary of State for Health [2020] EWCA Civ 1605, an appeal against the decision of Lewis J to refuse permission to apply for judicial review related to the Covid-19 lockdown in England.
• R (Durand Education Trust) v Secretary of State for Education [2020] EWCA Civ 1651, on the failure to pay compensation following a decision to use land for the purposes of building an academy school, alleging violations of A1P1 and Article 14 ECHR.
• B (A Child) (Designated Local Authority) [2020] EWCA Civ 1673, on the determination of where a child was ordinarily resident for the purposes of s.31(8) of the Children Act 1989.
• R (Bell) v Tavistock and Portman NHS Foundation Trust [2020] EWHC 3274 (Admin), on whether a trans child could consent to the taking of puberty-blocking medication.  
• R (Colchester) v Secretary of State for Education [2020] EWHC 3376 (Admin), on the lawfulness of the Minister’s sex education policy with regard to its compatibility with parental religious and philosophical beliefs.
• R (Free Speech Union) v Ofcom [2020] EWHC 3390 (Admin), a challenge to two Guidance Notes produced by Ofcom related to the broadcasting of material which had the potential to undermine public health or mainstream sources of medical information.
• R (JK) v Secretary of State for Home Department [2020] EWHC 3303 (Admin), an application for an interim injunction requiring the Minister to release the claimant asylum seeker from detention into temporary accommodation under s.95 of the Immigration Act 1999 within 5 days.
• R (Francis) v Secretary of State for Health [2020] EWHC 3287 (Admin), a challenge to the coronavirus self-isolation regulations in England.
• R (Tomkins) v City of London Corporation [2020] EWHC  3357 (Admin), a challenge to an ‘Experimental Traffic Order’ passed under Schedule 9 of the Road Traffic Act 1984.
• R (Mahboubian) v Secretary of State for Home Department [2020] EWHC 3289 (Admin), a challenge to the lawfulness of the claimant’s detention under the Immigration Act 1971.
• Haliburton v Chubb [2020] UKSC 48, a Supreme Court case providing guidance on when an arbitrator ought to disclose facts and information which may give rise to reasonable doubts about his or her impartiality.
• R (Flores) v London Borough of Southwark [2020] EWCA Civ 1697, on whether the claimant, his partner, and their two children were entitled to be placed in Southwark’s Band 1 Housing Allocation Scheme due to being statutorily overcrowded.
• R (Anglian Water Services) v Environment Agency [2020] EWHC 3544 (Admin), a judicial review related to the Agency’s decision to classify the water at three Lincolnshire beaches as ‘good’ rather than ‘excellent’ in 2019.
• R (AS) v Liverpool City Council [2020] EWHC 3531 (Admin), a challenge to an age assessment conducted on behalf of the Council which found the claimant to be 20 years older than actually claimed.
• R (DMA) v Secretary of State for Home Department [2020] EWHC 3416 (Admin), concerning the duty to provide accommodation to asylum seekers under s.4(2) of the Immigration and Asylum Act 1999.
• R (Grice) v Senior Coroner for Brighton and Hove [2020] EWHC 3581 (Admin), on the decision to discontinue an inquest in January 2020 and whether Article 2 ECHR required its resumption in the case of a murder victim.
• R (IO) v Secretary of State for Home Department [2020] EWHC 3420 (Admin),  a judicial review challenge to the decision of the Minister to disperse the claimant asylum seeker from accommodation in Bristol to accommodation in Gloucestershire.
• R (Linse) v Chief Constable of North Wales Police [2020] EWHC 3403 (Admin), an assessment of damages relating to the Chief Constable’s decision to refuse the claimant permission to remove her vehicle from police custody.
• R (IJ) (Kosovo) v Secretary of State for Home Department [2020] EWHC 3487 (Admin), a challenge to the Minister’s refusal to exercise residual discretion to permit a victim of human trafficking to work in the UK.
• R (Nur) v Birmingham City Council [2020] EWHC 3526, a judicial review related to the duty of local authorities to allocate social housing under s.166 of the Housing Act 1996.
• R (Banjo) v Secretary of State for Home Department [2020] EWHC 3516, a judicial review of the Minister’s decision to revoke the claimant’s British passport and refuse to issue a new one on the basis that two people claimed to be entitled to the claimant’s identity.
• R (Pearce) v Parole Board of England and Wales [2020] EWHC 3437, a judicial review related to the Board’s decision to transfer the claimant to open prison conditions rather than direct his release.
• R (Purvis) v Director of Public Prosecutions [2020] EWHC 3573, a challenge to the Crown Prosecution Service’s decision not to charge a police officer with perjury and perverting the course of justice.
• R (SH) v Norfolk County Council [2020] EWHC 3426, a judicial review related to the council’s assessment of care costs whereby the claimant argued that this decision was contrary to the Human Rights Act 1998 and the Equality Act 2010.
• R (Day) v Shropshire Council [2020] EWCA Civ 1751, on whether, when a local authority disposes of land subject to a statutory trust for public recreational purposes, that trust continues if the council failed to comply with relevant statutory requirements.
• R (Fratila) v Secretary of State for Work and Pensions [2020] EWCA Civ 1741, on whether the Social Security (Income Related Benefits) (Updating and Amendment) (EU exit) Regulations 2019 were unlawfully discriminatory contrary to EU law.
• R (MN) v Secretary of State for Home Department [2020] EWCA Civ 1746, on the correct approach to deciding whether a person is a victim of human trafficking for the purposes of the National Referral Mechanism under the Convention on Action against Trafficking in Human Beings.
• R (RS) v University Hospitals Plymouth NHS Trust [2020] EWCA Civ 1772, an application for permission to appeal against a decision of the Court of Protection that it was in the claimant’s best interests to have life-sustaining treatment withdrawn.

Events:

• Child Poverty Action Group held a Webinar on 15 December entitled 2020 Vision: ending child poverty for good.
• On 17 December, the Westminster Commission on Legal Aid organised by the All-Party Parliamentary Group on Legal Aid held an evidence session on civil legal aid.
• The Department for Health decided that from the summer of 2021, men who have sex with men will be permitted to donate blood in some circumstances.
• The Equality and Human Rights Commission reached a settlement with NHS Greater Glasgow and Clyde concerning the unlawful detention of adults with incapacity issues.
• Human Rights Day was observed on 10 December, the date that the Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948.
• The Welsh Auditor General released a new data tool illustrating the additional spend of each Welsh NHS body during the Covid-19 pandemic.
• Public Law Project held a training event on Exceptional Case Funding (ECF) in the SEND Tribunal.