Public Law 1/2-day Conference
Date 01/04/2015
Speaker Prof. Tom Mullen (University of Glasgow), Adrian Stalker (Westwater Advocates), Iain Nisbet (Head of Education Law, Govan Law Centre) , Colin McKay (Chief Executive, Mental Welfare Commission for Scotland)
Seminar Details _____

****Community Care
Speaker: Colin McKay (Chief Executive, Mental Welfare Commission for Scotland)
In his talk Colin McKay will examine the following topics -
- Rights to social work and health services, including
o Rights to an assessment (the broad provisions of the 1990 Act around community care assessments
o Rights to NHS care
o Specific rights to services (e.g. there are specific rights in the Mental Health (Care and Treatment) (Scotland) Act to local authority services and advocacy)
o Carers’ rights (topical as there is likely to be a Bill soon)
o Charging for services (including what free personal care does and doesn’t cover)
o Self-directed support (new legislation which allows people to get funds from local authorities to pay for their own care and organise it themselves, although in some areas is being seen as a ground for cuts
o Incapacity (the AWI Act, and implications of incapacity on the above rights)
o ECHR – there are a couple of cases about the extent to which ECHR requires a certain level of care provision.


****Challenging Administrative Decisions: an overview
Speaker: Prof. Tom Mullen
There are many ways that a citizen might challenge an administrative decision, including statutory appeals to tribunals, statutory appeals to the courts, judicial review, complaints procedures and ombudsmen. The availability of the various mechanisms and the mix of them varies from one context to another e.g. housing is different from immigration control and community care is different again. Solicitors whose clients are in dispute with public authorities about their entitlement to public services or liability for administrative penalties, need to have an overview of this complex pattern of remedies, in order to work out the best way(s) to challenge adverse decisions.
This session will provide an overview of the principal remedies and how they relate to one another to together with some practical advice, e.g. on obtaining legal advice and assistance or legal aid for challenging administrative decisions.
Tom Mullen is Professor of Law, University of Glasgow (2004 to date) (formerly Head of the School of Law) and a solicitor.
Tom was for several years Convener of the Board of the Legal Services Agency, a community-controlled law centre, and has acted as expert adviser to the House of Commons Select Committee on Scottish Affairs (1996-1997). He is currently a member of the Scottish Tribunals and Administrative Justice Advisory Committee.

****Judicial Review in Homelessness and Housing Allocation Cases Speaker: Adrian Stalker
Adrian Stalker will examine the statutory code for Housing Allocations and Homelessness, in the Housing (Scotland) Act 1987; how disputes arising under those provisions would give rise to judicial review proceedings; and the typical sorts of case that one sees, procedure, remedies, etc.
Adrian Stalker is an advocate. He practised as a solicitor for 14 years, before calling to the bar in 2007. Between 1999 and 2006 he was the principal solicitor of the Housing Law Service for Shelter Scotland. At the end of 2007 his book “Evictions in Scotland” was published by Avizandum. The second edition will be published later this year. He writes a regular “Housing Law Update” column for SCOLAG. He also chaired the Government’s Repossession Group, the report of which led to the introduction of the new statutory code for mortgage repossessions of domestic properties. His practice at the bar extends to other areas of civil litigation, such as property disputes and professional negligence. He is regularly instructed in connection with judicial review proceedings.

****Legal Remedies in Education Law Cases
Speaker: Iain Nisbet
This talk will focus on -
• Appeals to the Sheriff;
• Additional Support Needs Tribunals for Scotland;
• Judicial Review;
• School Closure Review Panel; and
• Section 70 referrals.
Iain is Head of Education Law at the Govan Law Centre and has specialised exclusively in education law since 2002. He acts for parents and pupils in education law cases in courts and tribunals across Scotland. He is the principal author of the popular reference text for parents, “A-Z of Scots Education Law”. Chambers UK 2015 notes that “the breadth of knowledge he possesses in regards to all aspects of the education sector is remarkable.” Iain is also a member of the school attendance council for his local area.
Seminar Time 9.30am - 1pm (registration from 9am)
Booking Fee £100 for members; £150 for non-members (trainees - £30 and £50 respectively)
Link to Booking Form

Posted by RFPG on 17 Mar 2015 15:59

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