PLP's Resources Library is an online database holding PLP's guides, conference papers, published research and reports, recorded presentations, policy responses, and many other items. You can search the items by clicking a category or a tag on the left, or using the search function. Please note the content from conferences, such as papers and audio, are provided for public law practitioners. Public law is a very fast-moving area and some of the information will be out of date or overtaken by events. PLP accept no responsibility for the contents of these items.
Resources tagged with "Positive obligations"
December 8 2016 | Conference papers
This paper considers some of the obligations and powers under which the State comes to investigate deaths, incidents of serious harm and abuse, and other forms of wrongdoing. These obligations and powers can, in limited circumstances, be used in judicial review proceedings to challenge decisions of Government and other public authorities on whether to conduct an investigation, and, if so, what form of investigation is required
November 2 2016 | Conference papers
The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases here (from September 2015 to August 2016) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked three cases. They are summarised in chronological order.
June 24 2016 | Conference papers
Mid-Staffordshire, Morecambe Bay, Winterbourne View, Southern Health. Sadly the NHS is far from immune from preventable deaths, individual and systemic abuse, and deficient investigations into its own failings. The need for effective systems that will prevent death and serious harm, protective duties that require staff to take operational measures to protect those in their care, and robust, searching investigations into deaths and incidents of mistreatment are needed in healthcare and clinical settings now more than ever.
May 12 2016 | Conference papers
The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.
July 10 2015 | Conference papers
This paper considers how to use the protective and investigative obligations under Articles 2 and 3 in private law claims to secure accountability where public authorities fail to protect people in their care, fail to investigate and protect people against risks posed by other private individuals, or fail to investigate violations of the state's duty to protect people from death and serious harm.
June 26 2015 | Conference papers
A review of recent case law, including the impact of the Supreme Court’s decision in Michael v Chief Constable of South Wales Police.
October 20 2014 | Conference papers
The European Charter on Fundamental Rights is increasingly being relied on in judicial review. However there is some confusion about what it is and when it can be relied upon. This talk / paper will attempt to clarify some of the key issues.