By: Nicola Logan

Devolved powers and the internal market post-Brexit

3 March 2022 by Nicola Logan

R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118

The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.

The judgement concerns an application for permission to apply for judicial review made by the Counsel General for Wales to seek a declaration in the following terms:

The amendment of Schedule 7B of GoWA by section 54(2) of UKIMA, to add UKIMA to the list of protected enactments, does not amount to a reservation and does not operate so as to prevent the Senedd from legislating on devolved matters in a way that is inconsistent with the mutual recognition principle in UKIMA.

The application was dismissed, and the appellant appealed on the grounds that the Divisional Court was wrong to refuse permission on the grounds of prematurity.

High Court refuses fresh inquest in welfare benefits case

13 October 2021 by Nicola Logan

In Dove v HM Assistant Coroner to Teesside and Hartlepool & Anor [2021] EWHC 2511, the High Court considered the State’s obligations under article 2 ECHR with respect to those in receipt of welfare benefits as well as the scope of coronial inquiries both where article 2 is and isn’t engaged. Although it was argued that failings by the Department of Work and Pensions were relevant to a death by suicide, a fresh inquest was refused in the circumstances.

Background Facts

The Applicant’s daughter, Ms Whiting suffered with spinal conditions and numerous mental health conditions. As a result, she was awarded employment support allowance [ESA] under the ‘support group’ category.

In September 2016, Ms Whiting began reassessment. By way of questionnaire she requested a home assessment, indicating she rarely left the house due to mobility issues and anxiety. This was not passed to the Centre for Health and Disability Services [CHDA] who decided that she was to attend a face-to-face appointment on 16^th January 2017. On 6^th February 2017, Ms Whiting was informed that her ESA would be stopped as she had not shown ‘good cause’ for her failure to attend and had not therefore demonstrated limited capacity for work.

On 21^st February 2017 Ms Whiting, was tragically found unresponsive and was later pronounced dead. An inquest concluded she had died by suicide as a short-form conclusion. The Coroner told attendees that she had noted that there were ongoing discussions with the Department of Work and Pensions, but that it was not her function to question any decisions made by the Department.

However, a report by the Independent Case Examiner [ICE] in February 2019 (following a complaint made before the inquest had concluded) subsequently found that there had been “significant failings” by the Department in the events leading up to Ms Whiting’s death.

The Applicant applied to the Court under section 13 of the Coroners Act 1988 for an order quashing the Coroner’s determination and directing that a new inquest take place.