Redundancy Employees working at residential home for persons with mental disabilities. The employees worked at a residential home for persons with mental disabilities. After they were made redundant, they brought a claim for unfair dismissal. The employment tribunal held that the employees had been unfairly dismissed because they had been assessed on criteria designed for use in a recruitment context and no account had been taken of their past performance. The Employment Appeal Tribunal dismissed the employer's appeal, having found that although some of the tribunal's reasons had been flawed, its primary reason had been one that had been open to it.
Local government Council tax. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that fairness had not required the defendant local authority in its consultation process in respect of its council tax reduction scheme to mention other options which it had decided not to incorporate into its published draft scheme, much less had it required that the consultation document contain an explanation as to why those options were not incorporated into the draft scheme.
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, refused the parent's appeal against an order made pursuant to s34(4) of the permitting the local authority to refuse contact with their baby which had been removed immediately after birth. The court held that a decision had to be taken there and then in emergency situations and it was unthinkable that it could interfere where the judge had had regard to the relevant factors.
Family proceedings Orders in family proceedings. The Family Division allowed a mother's application to relocate her children to Australia, in circumstances where the court held that the impact of refusing the application, if favourable to the father, would bear far more heavily on the mother than the other way round.
Town and country planning Development. The Administrative Court, in dismissing an application under s288 of the challenging the lawfulness of the grant of planning permission by the Secretary of State, held that the had not brought about a fundamental change in the proper approach to planning applications so as to vitiate the conclusions reached by the Secretary of State.
Care proceedings Non-accidental injuries. The Supreme Court held that a finding of a real possibility that a person had harmed a child in the past was not, by itself, sufficient to establish the likelihood that that person would cause harm to another child in the future. Accordingly, by itself, an earlier finding of harm could not be relied upon to establish a likelihood of harm in the future for the purposes of s31 of the .
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, in allowing the father's appeal against a refusal of his application for parental responsibility once again underlined the principle that applications for contact and for parental responsibility were not inter-linked.
Rates Rateable occupation. The local rating authority demanded the payment of business rates by the appellant. The appellant contended that it was not liable as it was not in occupation and produced a document headed 'lease' in evidence.The judge found the appellant liable. The appellant appealed by way of case stated. The Administrative Court, in dismissing the appeal, held that the judge had been entitled to conclude that he could not attach sufficient weight to the purported lease to swing the evidential burden to the authority to establish that the lease was a forgery or sham.
Employment Unfair dismissal. The Employment Appeal Tribunal found that the employment tribunal had been correct to give permission to the employer to rely on the employee's spent conviction at the hearing for the latter's claims for unfair dismissal and race discrimination as it had applied the correct legal test for determining the relevance of the evidence.
Mental health Persons who lack capacity. The Court of Protection held that a patient, L, was being deprived of her liberty. The court gave guidance as to the information which was relevant in the circumstances of the instant case when assessing whether L had capacity to consent to her accommodation.