Respect for the Home

North Devon Homes Limited v Christine Brazier [2003] EWHC 574 (QB)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Care Planning, Budgets and Choice Rights, Discrimination in relation to Article 8 Rights, Exception-making and discrimination, Fettering and Exception making, Respect for the Home /

Housing – disability – discrimination – possession – mental impairment  B, the tenant of residential premises owned by North Devon Homes Ltd, had been a “problem tenant” and admitted to persistent anti-social behaviour, including shouting at neighbouring residents, keeping neighbours awake at night by banging and shouting and using foul language in front of neighbours. […]

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Mansfield District Council v Langridge [2008] EWCA Civ 264

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, How housing rights fit in with the Care Act, Intro to Ombudsman reports RE the interface between Housing and Care, Respect for the Home /

This was an appeal by L against the decision of the High Court in favour of Mansfield District Council (Mansfield) which held that a licence granted by the council did not give a tenant security of tenancy in respect of a property which he was occupying temporarily.  The legal issue for the Court of Appeal

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London Borough of Ealing v (1) KS (2) LU (3) SK (by her litigation friend the Official Solicitor) (4) MHAS (5) SR (2008) EWHC 636 (Fam)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Assessing for incapacity where it is relevant to Care Act functions, How the Mental Capacity Act affects the Care Act, Human Rights in health and Social Care, Respect for Family Life, Respect for Private Life, Respect for the Home /

The Local Authority initiated proceedings in respect of SK, a 33 year old woman with a severe learning disability who also suffered from schizo-affective disorder (treated by medication but, despite this, she has a history of relapse into mental illness) to ascertain whether she capacity to consent to various matters and whether her third marriage

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Heather, Ward and Callin v Leonard Cheshire [2002] EWCA Civ 366 (CA)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Qualifications to Article 8 Rights, Respect for the Home /

The Court of Appeal upheld the High Court’s decision that the Leonard Cheshire Foundation (LCF) was not a public authority and was not exercising functions of a public nature within the meaning of s6 HRA 1998, merely by virtue of its contractual arrangement with the local authority, through which the local authority discharged its duties

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Hatton v UK (case no. 36022/97) ( 8 July 2003) (ECtHR)

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Human Rights in health and Social Care, Qualifications to Article 8 Rights, Respect for the Home /

Human rights – article 8 – positive duty – right to respect for private life   The Grand Chamber of the European Court of Human Rights has overturned the decision below.  The Court held that in previous cases in which environmental issues had given rise to violations of the Convention, the national authorities had failed

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Alternative Futures Ltd v National Care Standards Commission [2002] 101-111 NC

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 1 of the First Protocol respect for property, Article 1 of the First Protocol respect for property, Article 14 freedom from discrimination in the context of one's human rights, Article 14 freedom from discrimination in the context of one’s human rights, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Respect for the Home /

Supported living – deregistration – personal care – national care standards Alternative Futures Ltd, a not for profit company limited by guarantee, is a registered charity. It was established in 1992 primarily to assist the retraction of NHS institutional hospitals by providing care in the community. This took the form of small registered residential homes,

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A v National Asylum Support Service and London Borough of Waltham Forest [2003] EWCA Civ 1473

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 8 ECHR, Respect for the Home /

Destitute – asylum seeker – duty to accommodate – human rights – disabled children   A claimed asylum in the UK for herself and her two teenage sons, who were severely disabled as a result of a progressively degenerative neurological condition. The life expectancy of both children was short. They required constant supervision and assistance

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