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Archive for February, 2010

And so it came to pass

From the Daily Mail

http://www.dailymail.co.uk/news/article-1253151/Somali-woman-claim-benefits-burden-social-assistance-landmark-EU-ruling.html

Tis a shame that it was all so predictable.

One thing to note, the case was not funded by Shelter, the case was funded by the Legal Services Commission.

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Ibrahim v Harrow, Judgment out

On those grounds, the Court (Grand Chamber) hereby rules:

In circumstances such as those of the main proceedings, the children of a national of a Member State who works or has worked in the host Member State and the parent who is their primary carer can claim a right of residence in the latter State on the sole basis of Article 12 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, without such a right being conditional on their having sufficient resources and comprehensive sickness insurance cover in that State.

From HERE

So there you go.

Undoubtedly the excellent Nearly Legal will be commenting on this soon.

House is sure the Daily Mail will soon be commenting on the waves of immigrants soon to arrive on our shores getting a few days work, plonking their kids into school and then enjoying a life of luxury.

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Good timing

doh well, some of the TDS cases may still be useful despite Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB). Thanks to NL for the update.

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TDS Caselaw page

Big thanks to a friend of a friend of a Jayne Atherton who has collated many TDS case reports and shoved them all in one place. Pending the outcome of any binding decisions quite a handy place to look. You can find them in the TDS caselaw page at the top of the blog.

Thanks also goes to Nearly Legal, Garden Court Bulletins and LAG from which Jayne collated the info.

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http://www.bailii.org/ew/cases/EWCA/Civ/2010/50.html is, to House at least, a helpful case that talks about precedent and appeals. House, as a non lawyer / solicitor, thought that the judgment by LJ Wall was very well laid out to this applicant in person.

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From HERE.

The table below shows that unless more matter starts are granted than offered then the majority of procurement areas will see a cut in Housing NMS compared to Sep 08 – Aug 09.

In many areas the available Housing NMS to those who don’t provide Family NMS have been severely reduced. 

House isn’t sure what happens if Family providers don’t bid for Housing NMS will those NMS be reallocated? In some areas the Housing NMS available to Family providers are a large proportion of the total available. If they aren’t reallocated then the NMS available in an area would be drastically reduced in many areas.

What House doesn’t know is just how many NMS were originally allocated to providers between Sep 08 – Aug 09 that is because of the NMS clawback the NMS between sep 08 – aug 09 are likely to be less than the NMS which were originally tendered for and therefore the reductions in NMS AVAILABLE to be completed are even greater than the table suggests. House would be quite interested to know the difference in the pre-clawback NMS and the new NMS that being tendered for. House hopes that makes some sense!

House hasn’t done a table for other areas of social welfare law such as debt and benefits but House has noticed that there is quite a large increase in NMS in these areas (again subject to the qualification of the prior paragraph). For example BARNET sees debt and welfare NMS to 450 from 317 and 399 respectively.

House was interested to note the relative difference in Housing Certificated matters. For example in Bexley there were 17 certificates opened and 269 Housing NMS (6.4%). In Lambeth 499 certificates were issued and there were 1521 Housing NMS (32.9%). House would be interested to know the reasons behind such differences. There are many possible reasons, one might be – Could it be that some procurement areas lack advisers capable of identifying and taking matters to certificated work?

PROCUREMENT

SEP 08 –

NEW

NEW

TOTAL

%CHANGE

CERTIFICATED

AREA

AUG 09 NMS

HOUSING

F/H

    MATTERS

             
Barking and Dagenham

CLAC

CLAC

CLAC

CLAC

   
Barnet

971

820

150

970

-0.01

138

Bexley

269

150

100

250

-7.1

17

Brent

1912

1520

200

1720

-10

137

Bromley

437

260

150

410

-6.2

55

Camden

1877

800

890

1690

-10

448

City of Westminister

1443

600

500

1100

-23.8

312

Croydon

454

350

200

550

21.1

92

Ealing

3041

2350

150

2500

-17.8

323

Enfield

291

190

100

290

-0.4

12

Greenwich

819

550

200

750

-8.5

88

Hackney

3481

2930

500

3430

-1.5

687

Hammersmith & Fulham

1048

550

200

750

-28.5

130

Haringey

1586

880

300

1180

-25.6

260

Harrow

791

540

100

640

-19.1

75

Havering

380

310

150

460

21

22

Hillingdon

784

600

100

700

-10.7

66

Kingston & Richmond

308

280

100

380

23.4

144

Lambeth

1521

850

500

1350

-11.2

499

Lewisham

594

260

200

460

-22.6

145

Merton & Sutton

396

390

100

490

23.7

49

Newham

2596

1940

400

2340

-9.9

304

Redbridge

703

540

100

640

-9

102

Southwark

1462

660

500

1160

-20.7

513

Tower Hamlets

2212

1790

200

1990

-10

189

Waltham Forest

515

380

150

530

2.9

85

Wandsworth

1944

1060

600

1660

-14.6

325

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Updated LSC procurement plans

The LSC have today updated their procurement plans for London. More info HERE. Other regions can be found HERE, not all have been updated / published.

It would appear at least from HERE that cuts in New Matter Starts are quite serious.

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