‘The Independent Children’s Homes Association (ICHA) has warned that a legal challenge to local authority procurement of care places is possible without radical reform of the current system.’
Local Government Lawyer, 13th December 2017
Source: www.localgovernmentlawyer.co.uk
‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Prime Minister Theresa May has made assurances documents relating to the late Cyril Smith will not be withheld.’
BBC News, 21st November 2017
Source: www.bbc.co.uk
‘A former staff member at a children’s home has been jailed for 15 years for child abuse dating back to the 1980s.’
The Guardian, 7th October 2017
Source: www.theguardian.com
‘Allegations of sexual abuse at two children’s homes in Rochdale are due to be examined by the Independent Inquiry into child sexual abuse later.’
BBC News, 9th October 2017
Source: www.bbc.co.uk
‘A senior judge has expressed concern after being told there is no secure accommodation anywhere in the country for a “troubled and dangerous” teenager believed to be involved in serious gangland activity.’
The Guardian, 24th August 2017
Source: www.theguardian.com
‘A Deputy High Court judge has quashed a London borough’s Care Act assessment for a man with autism spectrum disorder and severe learning difficulties.’
Local Government Lawyer, 7th July 2017
Source: localgovernmentlawyer.co.uk
‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’
Local Government Lawyer, 24th February 2015
Source: www.localgovernmentlawyer.co.uk
‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’
WLR Daily, 29th January 2015
Source: www.iclr.co.uk
‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’
Law Society’s Gazette, 2nd February 2015
Source: www.lawgazette.co.uk
“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”
BBC News, 13th March 2013
Source: www.bbc.co.uk
“An inquest jury has returned a verdict of unlawful killing on a 96-year-old woman in a wheelchair who died in a lift shaft fall.”
BBC News, 1st February 2013
Source: www.bbc.co.uk
“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”
Education Law Blog, 12th November 2012
Source: www.education11kbw.com
“Equality and Human Rights Commission says elderly people face unchecked ‘ageism’ from council-funded home care.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“On the true meaning of section 21(1)(a) of the National Assistance Act 1948, as amended, an asylum seeker suffering from depression and mental health difficulties who had been granted indefinite leave to remain was entitled to residential accommodation if the local authority had provided a programme of assistance and support to him through a care co-ordinator, since such provision of assistance would be otiose without the additional provision of housing.”
WLR Daily, 10th August 2011
Source: www.iclr.co.uk
“Dame Jo Williams, chair of the Care Quality commission, pledges rethink of residential care for people with learning difficulties following exposé of abuse at Bristol hospital.”
The Guardian, 7th June 2011
Source: www.guardian.co.uk
Regina (M) v Slough Borough Council
House of Lords
“A person’s need for a refrigerator in which to keep his medication was not sufficient to entitle him to residential accommodation.”
The Times, 5th September 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292
“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”
WLR Daily, 12th August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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