A three-judge panel of the Upper Tribunal has held that AT, an EU national with pre-settled status (limited leave to remain) but no qualifying EU right to reside in the UK for the purposes of universal credit, is entitled to rely upon the EU Charter of Fundamental Rights even after the end of the Brexit “transition period” (ie after 31 December 2020).
The government’s new Bill of Rights, or the Rights Removal Bill as some are calling it, will weaken the ability of us all to stand up for the rights of children and their families. This blog describes how two families had their applications for bereavement benefits denied, and how they used the Human Rights Act to challenge this in court with support from CPAG’s legal team.
At the British Institute of Human Rights (BIHR), our mission is to create social justice through human rights approaches and advocacy. Our aim is shared with the aim of our Human Rights Act: to create a culture of respect for human rights across the UK.
My name is Brian, I am a single parent to one daughter, we live in the south of England and I claim disability benefits. The impact on children due to the rising cost of living is heartbreaking and will have a long term impact on them. Being a single parent with a teenage daughter is tough enough but now we are having to make cutbacks to the bare minimum. My daughter now has to live in a cold, dark home as I am unable to afford the rising cost of gas and electricity, which is having a real impact on her studies during exam times. My daughter is 16 years old and currently studying hard for her GCSEs and looking forward to continuing studies for her A levels after the summer.
At the start of the pandemic, the Department for Work and Pensions (DWP) relaxed some evidence checks for people making a universal credit (UC) claim to provide quicker access to benefits. In January 2021, the DWP began reverifying the details of claims made while evidence checks were eased. This has resulted in some claimants being asked to pay back the entirety of their UC award. More than a year after the exercise started, we continue to hear from people who have had their UC payments stopped, who have received demands to repay all the UC they received, and who are unable to understand or challenge the DWPs decision.
The Queen’s Speech was a missed opportunity for the government to introduce legislation that would support people in the short term and improve living standards in the longer term.
We undertook research to find out whether the DWP is meeting the needs of people with mental health problems and making adjustments to their service as required by law. UC was promoted in its early stages as a personalised service, providing support to meet people’s needs. We wanted to find out whether it has lived up to this ambition.
The Independent Review of Administrative Law (IRAL) panel recently invited the submission of evidence on how well or effectively judicial review balances the legitimate interest in citizens being able to challenge the lawfulness of executive action with the role of the executive in carrying on the business of government, both locally and centrally. Our response emphasises the important role of judicial review in ensuring good governance and that decisions which affect some of the most vulnerable members of society are made in compliance with basic standards of good administrative decision making.
To understand the impact of child poverty on the lives of children and families in England better, CPAG, the Child Welfare Inequalities Project (CWIP) and the Association of Directors of Children’s Services (ADCS) conducted a survey of social workers between January and March 2020 to ask them about the experiences of the families they work with.