Social Welfare Lawyers in the Centre of Birmingham

Traveller other

R (AB) -v- SSHD

R (AB) – v – The Secretary of State for the Home Department [2013] EWHC 3453 (Admin) 7th November 2013

This was a deportation case but it contains an extremely important decision on the question of the applicability of the Charter of Fundamental Rights of the European Union in the UK Courts. The British and Polish Governments secured, at the negotiations on the Lisbon Treaty, an opt out from the incorporation of the Charter into their domestic law.

Knowles -v- SSWP

R (Knowles) – v – The Secretary of State for Work and Pensions [2013] EWHC 19 (Admin), 17th January 2013.

The two Claimants were Romani Gypsies who moved from a local authority site due to anti-social behaviour by other residents.  They moved on to a private caravan site.  Where a landlord is a private landlord, the rent allowance for housing benefit purposes is always referred to a Rent Officer for determination.  In this case the Local Reference Rent sent by the Rent Officer was much less than the contractual rent that the Claimants had to pay.