Consultation

Secretary of State for Work And Pensions v Eveleigh & Ors (Rev1) [2023] EWCA Civ 810

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https://www.bailii.org/ew/cases/EWCA/Civ/2023/810.html A previous ruling which found the Government’s National Disability Strategy survey was unlawful has been overturned by the Court of Appeal (Civil Division). The judgment was handed down on 11 July 2023, following a hearing on 28 June 2023 before Lady Justice Macur, Lord Justice Bean and Lady Justice Elisabeth Laing. Background Four disabled […]

Secretary of State for Work And Pensions v Eveleigh & Ors (Rev1) [2023] EWCA Civ 810 Read More »

Swalcliffe Park School, R (On the Application Of) v Workingham Borough Council & Anor [2023] EWHC 1451 (Admin) 

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Summary: Wokingham Borough Council had not sufficiently engaged with Swalcliffe Park School, a residential school for children with autistic spectrum disorder before naming it as the appropriate placement for a 16-year-old boy in his education, health, and care plan, effectively forcing the school to take the boy. The High Court told Wokingham Borough Council to

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Consultation in adult social care policy decision making

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There are both general and specific statutory and purely public law reasons why councils must consult the public. Sometimes it is mandatory and explicit (eg equality promotion duties) or recommended and general (eg consulting before changing the charging policy, because it is recommended in government guidance); at other times it is implied by the public law of fairness, or human rights (eg closing care homes – duty to residents, because it is their home); sometimes it is a

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The Queen on the application of Capenhurst, Kirby, King, Mistry, and Joachim v Leicester City Council [2004] EWHC 2124 (Admin)

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The claimants sought judicial review to quash six decisions of the defendant local authority (LCC) to cease funding six voluntary organisations (VO’s)  The claims arose as a result of a change in political control of LCC in 2003. The policy of the new administration was to restrict funding to providing “core” services. The effect of

The Queen on the application of Capenhurst, Kirby, King, Mistry, and Joachim v Leicester City Council [2004] EWHC 2124 (Admin) Read More »

Smith v North East Derbyshire Primary Care Trust [2006] EWCA Civ 1291

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Care Planning, Budgets and Choice Rights, Consultation, Due process rights in care planning, Duties and Discretions, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The law about the content of the Care Plan under the Care Act, The range of services, items, facilities and responses able to be provided under the Care Act /

This case concerns a decision by the East Derbyshire Primary Care Trust to engage the services of an American healthcare company (UHE) based in the UK to provide GP services for two north east Derbyshire villages.  The claimant a local resident, S, challenged the decision and applied to the court in judicial review proceedings to

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Secretary of State for Social Services, ex parte Association of Metropolitan Authorities [1986] 1 All ER 164 (QBD)

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Consultation – duty The essence of consultation was the communication of a genuine invitation to give advice and a genuine consideration of that advice, which in turn depended on sufficient information and time being given to the party consulted to enable him to tender helpful advice, and to enable that advice to be considered by

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Nottinghamshire County Council v (1) Emma Kate Bottomley (By Her Litigation Friend Helen Ryan) (2) East Midlands Strategic Health Authority [2010] EWCA Civ 756

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In this case the Court of Appeal was asked to review the decision by the High Court to refuse an application by the local authority (NCC) to be joined as a party to in respect of a hearing to assess damages owed by the defendant SHA to Ms Bottomley (EB). In December 1993 EB had

Nottinghamshire County Council v (1) Emma Kate Bottomley (By Her Litigation Friend Helen Ryan) (2) East Midlands Strategic Health Authority [2010] EWCA Civ 756 Read More »

North Yorkshire County Council, ex p Hargreaves (The Times, 9 November 1994) (QBD)

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In deciding what respite care provision to grant to the disabled applicant, the care manager had simply taken account of the preferences of the carer, without bothering to speak to the applicant, wrongly assuming that the preferences of the carer would be the same as those of the applicant service user. The assessment of the

North Yorkshire County Council, ex p Hargreaves (The Times, 9 November 1994) (QBD) Read More »

North West Thames Regional Health Authority, ex parte Daniels [1993] 4 MLR 364 (QBD)

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The health authority had acted unlawfully in failing to consult the local community health council, before closing a bone marrow transplant unit, as it was obliged to under the Community Health Council Regulations 1996. Such a failure was material because the community health council might have been able to intervene effectively, before staff had been

North West Thames Regional Health Authority, ex parte Daniels [1993] 4 MLR 364 (QBD) Read More »

North and East Devon Health Authority and North Devon Healthcare NHS Trust, ex parte Pow, Geall, Prid and Metcalfe [1998] 1 CCLR 280 (QBD)

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Consultation – closure of hospitals A health authority’s decision not to consult with the public or the local community health council, prior to the temporary closure of the in-patients services at two hospitals, was unlawful. Once the closures were being proposed, the health authority was under a duty to consult (under the Community Health Council

North and East Devon Health Authority and North Devon Healthcare NHS Trust, ex parte Pow, Geall, Prid and Metcalfe [1998] 1 CCLR 280 (QBD) Read More »