England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

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ZHB v Cardiff City Council

ZHB v Cardiff City Council [2026] EWHC 913 (Admin) (21 April 2026)

Challenge to a local authority age assessment dismissed; the court held the process met Article 8 procedural fairness and any CRC duty was satisfied.

• Age assessment
• Article 8 echr
• Procedural fairness
• Children's rights
• Social services and well-being act (wales) 2014
• United nations convention on the rights of the child

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The Howard League for Penal Reform, R (on the application of) v The Secretary of State for Justice

The High Court dismissed a judicial review challenge to the limited rollout of PAVA spray in three Young Offender Institutions, finding no breach of equality or inquiry duties.

• Public sector equality duty
• Use of force in custody
• Disproportionality
• Safeguarding
• Tameside duty
• Process rationality

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C3, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs

C3, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2026] EWHC 34 (Admin) (12 January 2026)

The court held that a refusal of consular assistance on national security grounds did not engage Article 6 ECHR, so AF (No 3) disclosure was refused.

• Article 6 echr
• Disclosure in national security proceedings
• Consular assistance
• Closed material procedure
• Judicial review
• Children's rights

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A (Children)

The judge failed to conduct an all-round assessment of the relevant factors regarding the children's ability to instruct solicitors, placing undue weight on findings of parental influence and not considering the advantages of separate representation or the absence of negative welfare consequences. The children are of sufficient understanding and should be separately represented to ensure their voices are fully and independently presented in proceedings of significant consequence to them.

Source excerpt

• Separate representation of children
• Forced marriage protection orders
• Passport orders
• Undue influence
• Children's rights

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Susan Evans & Anor, R (on the application of) v Care Quality Commission & Ors

Judicial review of CQC decisions about Gender Plus Healthcare Ltd’s registration and rating for hormone treatment to 16–17 year olds. Claim dismissed.

• Judicial review
• Healthcare regulation
• Children's rights
• Medical treatment
• Process and outcome irrationality
• Padfield principle

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EBB & Ors, R (on the application of) v The Gorse Academies Trust

The High Court dismissed judicial review claims challenging repeated school isolation and suspension sanctions, holding they were lawful, proportionate, and compatible with Article 8.

• School discipline
• Judicial review
• Statutory interpretation
• Proportionality
• Procedural fairness
• Special educational needs

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NAA (by his litigation friend NAD) v An Independent Review Panel & Anor

The local authority was in breach of its positive obligations under Article 4 ECHR by failing to notify the school and governing body of the Reasonable Grounds decision that NAA was a potential victim of child criminal exploitation, as this information was material to the exclusion process and could have led to a different outcome. However, the claim based on breach of section 52 Modern Slavery Act 2015 was out of time and permission was refused. The IRP's decision was not irrational given the case presented to it and the discretion exercised. Relief was limited to a declaration of breach of…

Source excerpt

• Judicial review
• School exclusion
• Modern slavery
• Human trafficking
• Article 4 echr
• Children's rights

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Susan Evans, R (on the application of) & Anor v Gender Plus Healthcare Limited & Ors

The Commission was not obliged to inquire into or consider views or materials not available at the time of its decisions; it considered all relevant statutory and regulatory requirements, and differences between GPH and NHS processes were properly assessed for safety and compliance. None of the grounds of appeal have a realistic prospect of success.

Source excerpt

• Judicial review
• Registration of healthcare providers
• Regulation of medical treatment
• Public law irrationality
• Children's rights

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The Mother v The Local Authority & Ors

The risk of emotional harm to the children from notification and direct ascertainment of their wishes, while significant, is not sufficient to justify exclusion from participation in proceedings affecting their Article 8 rights. The children must be notified and their wishes and feelings obtained, with harm mitigated by a shared narrative and sensitive handling.

Source excerpt

• Care orders
• Children's rights
• Notification of proceedings
• Ascertainment of wishes and feelings
• Article 6 and 8 echr
• Un convention on the rights of the child

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