2014 04 Children

Thursday 1 May 2014

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No case law update.

Laws LJ granted permission to appeal in R (GE) (Eritrea) v Bedford BC [2013] EWHC 2186 (Admin), substantive hearing to be listed.

Other matters:

Residence Test: Government responds to Joint Committee on Human Rights on impact of legal aid changes. See response here. Of note is the Government's response on the applicability of the residence test in sections 17 and 20 Children Act 1989 cases. The Government suggests that the residence test will not apply to these cases but has subsequently suggested that these cases would be funded through exceptional funding, and not through civil legal aid services under schedule 1 of LASPO in the normal way.

There remains a pending judicial review challenge brought by Public Law Project to challenge the Goverment's residence test. Permission has been granted and it is understood that the matter is due to be heard in May 2014. See further from the Public Law Project here. For the opinion of the lawyers involved in the challenge, please click here.

Consultation on Draft Regulations and Statutory Guidance for Safeguarding Unaccompanied and trafficked children closed on 25 March 2014. To view the draft statutory guidance and regulations, please click here. View the response from the Immigration Law Practitioners' Association here.

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