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  • A sensible approach to the scope of human rights

    Carl Gardner
    November 11, 2011

    One of the things that sometimes concerns me is what in the past I’ve called “human rightsism“: the tendency to think all social problems should be cast and resolved in terms of human rights. It’s related I think to […]

    Tags: human rights, social care
  • Supreme Court judgment: R (MacDonald) v Kensington & Chelsea

    Carl Gardner
    July 7, 2011

    Because of bladder problems, Elaine McDonald needs to go to the toilet several times during the night; and because of mobility problems, she can’t get there safely on her own. Kensington & Chelsea have decided that her needs can be […]

    Tags: judicial review, local government, private life, social care, UK Supreme Court
  • The Christian Institute and the case of the "sacked" foster carer

    Carl Gardner
    February 13, 2009

    Both the Telegraph and the Daily Mail reported earlier this week about an evangelical Christian who’s been taken off the fostering register by her local authority after a sixteen-year-old girl, brought up as a Muslim, converted to Christianity […]

    Tags: children, family, human rights, judicial review, religion, social care
  • Lords Judgment: R (Wright) v Secretary of State for Health

    Carl Gardner
    January 22, 2009

    The House of Lords gave judgment yesterday in this human rights judicial review about provisional listing under Part VII of the Care Standards Act 2000, which sets up a scheme for “listing” people thought unsuitable to work with […]

    Tags: article 6, house of lords, human rights, social care, social services
  • Lord Lester on the government’s plans

    Carl Gardner
    November 20, 2008

    Lord Lester also spoke in Tuesday’s debate, and although he didn’t give a full explanation of why he resigned from his role as a government adviser recently, he did give some clues. He obviously hoped for a much […]

    Tags: attorney general, constitution, human rights, lord goldsmith, lord lester, social care
  • Joyce v Health Secretary

    Carl Gardner
    August 8, 2008

    As the lawyer responsible for Part VII of the Care Standards Act, I’m glad that this attempt has failed to limit the misconduct that can be taken into account by the Care Standards Tribunal on an appeal by a […]

    Tags: health, social care, tribunals
  • Functional public authorities under the Human Rights Act

    Carl Gardner
    July 1, 2008

    Jut over a year ago, the Lords settled the debate about whether care homes carry out functions of a public nature, and so are public authorities subject the the Human Rights Act; it decided, in YL v […]

    Tags: housing, human rights, human rightsism, social care
  • The Human Rights Act and Care Homes: the rightsists strike back

    Carl Gardner
    December 18, 2007

    I’ve just heard Andrew Dismore, chair of the Joint Committee on Human Rights, speak in support of his ten minute rule bill which aims to “clarify” the meaning of “public function” of the Human Rights Act 1998. What he actually […]

    Tags: human rights, human rightsism, social care
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