Zambrano carers allowed access to Social Welfare and Housing

On 7 November 2012 the Court of Appeal gave judgment in the case of Pryce v London Borough of Southwark. The Appellant (Pryce) was unlawfully present in the UK, but the sole carer of her British citizen children. She was successful in establishing that she has an EU right of residence in this case, following […]

Lengthy sentence for drug dealing from prison

The court of appeal upheld lenthy sentences imposed on prisoners who continued their drug dealing operation. In R v Morley and Others 2012 EWCA Crim 1866 M, C and Y were convicted of conspiracy to supply class A and class B drugs. Drugs were distributed in Cumbria, West Yorkshire and the North East. Y ran […]

Recent ruling as to what constitutes a valid marriage

In the recent case of MA –v- JA and the Attorney General (2012) EWHC 2219 (FAM) the court ruled that a marriage was valid: • A husband and wife asserted that they had been validly married in a ceremony of marriage that took place at a mosque in 2002. They sought a declaration that their […]

Personal injury client assisted by Community Care team

A personal injury client who had a fore foot amputation was unable to use his bath. The Local Authority have community care obligations and a bathing assessment was requested. The initial assessment confirmed that a formal assessment was required but there was a 9 month waiting list! The matter was referred to our Public Law […]

Adoption halted whilst miscarriage of justice investigated

A recent Court of Appeal case has halted the adoption of a little boy to allow further investigation of the risk that his parents may have been wrongly accused of abusing him. The boy, who cannot be named, suffered multiple broken bones which the High Court decided last year were inflicted by one or other […]

Rights of vulnerable families to housing and social benefits.

The recently reported case of Ruiz Zambrano v Office National De L’emploi (c-34-/09) (2012) 2 WLR 886 will be used as a useful tool to ensure that local authority housing departments provide necessary urgent accommodation to avoid destitution and homelesness. Bhatia Best’s public law team has recently lodged an appeal to the Court of Appeal […]

Indeterminate sentences ruled unlawful

The European Court of Human Rights has ruled that indeterminate sentences for public protection (IPP) are unlawful. More than 6000 prisoners in England and Wales are currently serving such sentences. Many are detained beyond the term fixed within the sentence as punishment and under the current legislation must prove that they are no longer a […]

Squatting as a Criminal Offence

From 1st September 2012 it has become a criminal offence to squat in a residential building. Bhatia Best Solicitors have experts available to advise both squatters and homeowners.

Every Child in Need

The Department of Education is proposing wide-ranging changes to the legal framework which protects society’s most vulnerable children throughout England and Wales, removing the obligation on Local Authorities to act swiftly in assessing the needs of children at potential risk. The proposals are set out in a consultation which runs until 4th September 2012 (https://www.education.gov.uk/aboutdfe/departmentalinformation/consultations/a00211065/revised-safeguarding-guidance.). […]

Sentencing Guidelines for Growing Cannabis

The Court of Appeal in the case of R v Healey and others [(2012) EWCA Crim 1005] has issued further guidance on the approach to sentencing those charged with Cultivating Cannabis, an offence which is particularly prevalent. This case gives advice as to the approach to be taken to the guidelines issued by the Sentencing […]