Success stories
From 2007 onwards each year’s cases will appear on this page of this website, moving to a downloadable summary as each year passes.
Monday 26 July 2010
Today, in the case of R (Medical Justice) v Secretary of State for the Home Office1, the High Court quashed the UK Border Agency (UKBA) policy to give less than the standard 72 hours notice of removal from the UK in certain “exceptions” categories (the “exceptions policy”).
For full judgement click here. For press release click here.
The exceptions policy operated by UKBA since January 2010 has been to give reduced notice, or no notice, of removal in five categories of case. These categories include vulnerable people who are at risk of suicide or self-harm and unaccompanied children. This has been on the basis that the Home Secretary believes that giving the standard notification is not in their best interests. The Home Secretary justified the policy on the basis that whenever the exceptions policy was operated certain safeguards were in place, in particular to ensure that those due to be removed had “effective access to the courts”.
The claim was brought by, Medical Justice, a charity which facilitates the provision of independent medical and legal advice to immigration detainees (http:/www.medicaljustice.org.uk).
It is represented by the Public Law Project. For further information please contact Diane Astin on 0207 843 1262.
9 March 2009
Harlow District Council breached its statutory duties towards vulnerable individuals. In an important judgment for the people of Harlow, the High Court has ruled that the council failed to discharge its duties towards disabled people, women and black and ethnic minority residents. Mr Justice Davis so held in upholding a claim for judicial review brought by three local people, Geraldine Meany, Pat Glyn and Greig Sanders, who challenged a decision by the council to reduce the budget for funding advice on social welfare matters (such as debt, homelessness, and welfare benefits) by 80%, from £500,000 to £100,000. The Public Law Project acted for the service users.
For press release click here.
21 July 2008
-
High Court victory for BME women’s group challenging their funder under the Race Relations Act
- Ealing Council concedes and agrees to hold new process on deciding funding for domestic violence services in the borough
In a key judicial review case brought by the Public Law Project about how local authorities should approach the funding of specialist services for black and minority ethnic (BME) groups, a two-day trial finished early when the Defendant Council agreed to withdraw their decision and start the decision-making process again.
For press release click here.
1 July 2008
In an important judgment the Court of Appeal has clarified the basis on which public interest litigation may be brought. The case concerned a challenge to decisions by Wiltshire Primary Care Trust (the PCT) to terminate services provided at the Day Unit and the Minor Injuries Unit of Savernake Hospital in Wiltshire. A legal challenge to the proposed changes is being brought by Ms Val Compton, a former nurse and local citizen, and a member of the campaign group “Community Action for Savernake Hospital“, with the benefit of pro bono representation by counsel obtained through the Bar Pro Bono Unit. The Public Law Project intervened in the case on behalf of Ms Crompton's case.
For press release click here.
20 December 2007
- High Court finds that Council acted unlawfully and ignored rights of disabled people
- Harrow Council forced to reconsider new policy withdrawing care services from 100s of residents
In a key case about disability rights and the provision of care services for 100s of people, a judge found a local council had acted unlawfully when introducing its new policy because it had breached its duties under the Disability Discrimination Act. The case, brought by the Public Law Project (PLP) on behalf of three service-users in Harrow, was a challenge to Harrow Council’s decision in July this year to restrict the care services it currently provides to people with critical needs only, withdrawing care from those who had substantial needs.
For press release click here.
8 November 2007
- High Court judge finds that Compact is “more than a wish list – a commitment of intent”
- Service-user entitled to bring challenge against charging even if she will not be liable for charges
In the first case to consider whether a breach of the Compact was unlawful, a judge has confirmed that local authorities should consider the Compact when making decisions. The case also recognised that individual service-users could bring challenges even if they might not be directly affected by a decision. The case, brought by the Public Law Project (PLP) on behalf of Mrs Helen Berry, related to a challenge brought by an individual service-user against a decision by Cumbria County Council to introduce day care charging across the county.
For press release click here.
Consultancy