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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:

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

Parliamentary affairs

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:

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