This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors  EWCA Civ 895 [Our report] and Lord Jackson’s view on JR costs, the Court of Appeal in M v London Borough of Croydon  EWCA Civ 595 has given general guidance for awarding costs. The principles should also apply to the equally troublesome area of costs in settled s.204 Housing Act 1996 Homeless appeals.
The actual judicial review that gave rise to this hearing was an age assessment case which was conceded by the Local Authority … Read the full post
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea  EWHC 1082 (Admin)
This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community Care Act 1990.
Mr De A is a Portuguese national. He lived in the UK from 1998 to 2001 and from 2008 to date. He worked during the first period and for a year after his return. Mr De A had contracted HIV and AIDS. His health deteriorated so that he was not able to work. His … Read the full post
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors  EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and Community Care Act 1990.
NM was a prisoner with an upcoming parole hearing. He had significant learning disabilities. Both NM and the parole board wanted to know what accommodation and support would be offered if he was released. If supported accommodation was not available, it was likely that NM would be instead sent to a low security prison. However, Islington (and another local authority) … Read the full post
In R. (R) v Croydon LBC, February 10, 2012, Administrative Court [not on bailii - taken from a lawtel note] the Administrative Court was asked to determine whether the applicant was a former relevant child for the purposes of s.23C Children Act 1989.
The applicant was an Afghan national. Upon arriving in the UK he made an asylum application and claimed he was 15 years old. The UK Border Agency did not accept that was his age and referrred him to Croydon for their social services department to carry out an assessment as to his age. Croydon, after assessining the applicant, decided he wasn’t 15 and that he was in … Read the full post
Hot on the heels of the KN v Barnet report is the Court of Appeal judgement in R (CJ) v Cardiff CC  EWCA Civ 1590 (judgement handed down on 20/12/2011). The High Court proceedings were reported here.
The important aspect of this appeal is the way the Court deals with the difficult issue of burden of proof. The approach approved at first instance and in KN was that the burden fell on the Claimant to prove his age, if the Court was unable to make an assessment. The Court of Appeal has now established that there is no burden and it reached this conclusion (para 23):
“In the … Read the full post
Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet  EWHC 2019 (Admin) was heard as long ago as July 2011 but it is worth underlining here as an example of the way the Administrative Court deals with age assessments in the light of the guidance given by the Supreme Court in A v Croydon.
KN was the victim of sexual abuse in her home country, the Democratic Republic of Congo and she was later smuggled to the UK, where the abuse … Read the full post
I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law mavens who read NL from time to time.
The question concerns the position of someone lacking capacity under the Mental Capacity Act 1985 when an independent tenancy is sought. There is conflicting guidance and threatening case law to deal with.
The starting point is that someone lacking capacity cannot enter into a binding contractual agreement, including a tenancy.
The frequent advice of local authorities … Read the full post