What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
The High Court will next month consider whether Zambrano carers have a right to housing benefit.
A case involving Milton Keynes Council will test whether new regulations introduced by the Government remove any such directly enforceable right.
The claimant, H, was offered Part 7 Housing Act accommodation after the landmark Court of Appeal case of Pryce v London Borough of Southwark and Secretary of State for the Home Department (Intervener).
But Milton Keynes would not offer her housing benefit, in reliance on the Habitual Residence Regulations 2012.
Counsel for H, Bryan McGuire QC and Shomik Datta of Cornerstone Barristers (instructed by Bhatia Best), will argue on H’s behalf that:
The case of Sanneh v SSWP, which covers similar arguments in relation to income support, will also form part of a rolled up hearing in March.
The Pryce case confirmed the applicability of EU Zambrano rights in a social welfare context.
See also: Zambrano carers – so near and yet so far A review of recent developments by Donald Broatch.