Risk Assessment in UK Law

Leading Cases
  • J v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 24 Mayo 2005

    First, the test requires an assessment to be made of the severity of the treatment which it is said that the applicant would suffer if removed. The court has said on a number of occasions that the assessment of its severity depends on all the circumstances of the case. But the ill-treatment must "necessarily be serious" such that it is "an affront to fundamental humanitarian principles to remove an individual to a country where he is at risk of serious ill-treatment": see Ullah paras [38–39].

  • Booth v Parole Board
    • Supreme Court (Scotland)
    • 09 Octubre 2013

    That is likely to be the position in cases where such an assessment may depend upon the view formed by the board (including its members with expertise in psychology or psychiatry) of characteristics of the prisoner which can best be judged by seeing or questioning him in person, or where a psychological assessment produced by the Ministry of Justice is disputed on tenable grounds, or where the board may be materially assisted by hearing evidence, for example from a psychologist or psychiatrist. That is likely to be the position in cases where such an assessment may depend upon the view formed by the board (including its members with expertise in psychology or psychiatry) of characteristics of the prisoner which can best be judged by seeing or questioning him in person, or where a psychological assessment produced by the Ministry of Justice is disputed on tenable grounds, or where the board may be materially assisted by hearing evidence, for example from a psychologist or psychiatrist.

  • Januzi and Others v Secretary of State for the Home Department
    • House of Lords
    • 15 Febrero 2006

    The decision-maker, taking account of all relevant circumstances pertaining to the claimant and his country of origin, must decide whether it is reasonable to expect the claimant to relocate or whether it would be unduly harsh to expect him to do so. The decision-maker must do his best to decide, on such material as is available, where on the spectrum the particular case falls. All must depend on a fair assessment of the relevant facts.

  • EM (Zimbabwe) v Secretary of State for the Home Department
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 14 Enero 2011

    We nevertheless recognise that where a previous assessment has resulted in the conclusion that the population generally or certain sections of it may be at risk, any assessment that the material circumstances have changed would need to demonstrate that such changes are well established evidentially and durable. That is the test that we will apply in our consideration of the material but not as a preliminary reason to decide whether we should revisit RN at all.

  • R (West) v Parole Board; R (Smith) v Parole Board (No 2) (Conjoined Appeals)
    • House of Lords
    • 27 Enero 2005

    It may often be very difficult to address effective representations without knowing the points which are troubling the decision-maker. The prisoner should have the benefit of a procedure which fairly reflects, on the facts of his particular case, the importance of what is at stake for him, as for society.

  • R (F) v Chief Constable of Norfolk Police
    • Queen's Bench Division (Administrative Court)
    • 15 Agosto 2002

  • Subesh, Suthan, Nagulananthan and Vanniyasingam and The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 17 Marzo 2004

    The true distinction is between the case where the appeal court might prefer a different view (perhaps on marginal grounds) and one where it concludes that the process of reasoning, and the application of the relevant law, require it to adopt a different view. The burden which an appellant assumes is to show that the case falls within this latter category.

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Legislation
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... F601money laundering, terrorist financing and proliferation financing risk exposure, and of sufficient authority, to take decisions affecting its ... 2) Regulations 2022 (S.I. 2022/860), regs. 1(5), 8 ... Risk assessment by the Treasury and Home Office ... (1) The Treasury and the Home Office ... ...
  • The Control of Asbestos Regulations 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ... ... is not sporadic and of low intensity; or(b) in relation to which the risk assessment cannot clearly demonstrate that the control limit will not be ... ...
  • The Ionising Radiations Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... or sum of dose quantities mentioned in Schedule 3;“dose assessment” means the dose assessment made and recorded by an approved dosimetry ... Radiation risk assessments ... (1) An employer, before commencing a new activity ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... (4) Article 45(2) of the UK GDPR makes provision about the assessment of the adequacy of the level of protection for the purposes of this ... (1) Where a type of processing is likely to result in a high risk to the rights and freedoms of individuals, the controller must, prior to ... ...
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Books & Journal Articles
  • A novel CAMHS risk assessment system: clinicians’ views
    • No. 15-3, August 2013
    • The Journal of Forensic Practice
    • 182-191
    Purpose: The purpose of this paper is to record and analyse clinicians’ views of the proposed FACE Child and Adolescent Risk Assessment Suite (CARAS). This is a novel risk assessment system compris...
  • National risk assessment – the Croatian features
    • No. 25-2, April 2022
    • Journal of Money Laundering Control
    • 388-400
    Purpose: The purpose of this paper is to present the risk of the non-financial sector in Croatia concerning the threats of money laundering through the prism of national and supranational risk asse...
  • National risk assessment – the Croatian features
    • No. 25-2, April 2022
    • Journal of Money Laundering Control
    • 388-400
    Purpose: The purpose of this paper is to present the risk of the non-financial sector in Croatia concerning the threats of money laundering through the prism of national and supranational risk asse...
  • Clustering risk assessment method for shipbuilding industry
    • No. 114-9, October 2014
    • Industrial Management & Data Systems
    • 1499-1518
    Purpose: – The purpose of this paper is to develop a risk assessment method for production processes of large-size steel ship hulls. Design/methodology/approach: – This study uses a quantitative-p...
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Law Firm Commentaries
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Forms
  • Tell a bailiff about risks of seizing someone's property
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to civil matters including judgments.
    ...Bailiff risk assessment questionnaire ... Court address/Bailiff office ... Warrant ... ...
  • Order menu - Directions revised private law programme
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... [   ]   whether or not the children have suffered or are at risk of suffering the harm alleged by the Mother/Father namely  ... ... [   ]   A Risk assessment under Section 16A ... [   ]   Other reason: (in detail) ...   ... ...
  • Notice of application to consider the financial position of the respondent after divorce / dissolution
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... 1. Requirement to attend a Mediation, Information and Assessment Meeting (MIAM) ... Before making an application for a financial order you ... being, or at risk of being, a victim of domestic violence by that prospective ... Section ... ...
  • Family mediation information and assessment meeting form
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... whom a prospective party is or was in a family relationship, was assessed as ... being, or at risk of being, a victim of domestic violence by that prospective ... a letter or report from an appropriate health professional confirming that(i) that ... ...
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