Immigration and Adult Social Care

This is an example description for this database topic.

It can have multiple paragraphs, formatting, and links. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

The Queen (on the application of S) by his litigation friend The Official Solicitor and The Secretary of State for the Home Department and Nestor Primecare Services Limited [2014] EWHC 50 (Admin)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 5 the right to liberty, Assessment and Eligibility, Assessment under the Care Act, Human Rights in health and Social Care, Immigration and Adult Social Care /

The claimant “S” claimed damages for his alleged unlawful immigration detention and for the alleged series of significant breaches of the Secretary of State for the Home Department of the policies relating to immigration detention, the detaining of those suffering from mental illness and the treatment and conditions of detention of such immigration detainees. S, […]

The Queen (on the application of S) by his litigation friend The Official Solicitor and The Secretary of State for the Home Department and Nestor Primecare Services Limited [2014] EWHC 50 (Admin) Read More »

The Queen (on the Application of C) v London Borough of Merton [2005] EWHC 1753 Admin

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Immigration and Adult Social Care /

This was a claim to quash the decision of the London Borough of Merton (Merton) in denying a young female asylum seeker (C) support under the Children’s Act 1989(CA). C claimed to be born on 29th November 1987, making her 17 at the time of her request for support.  A birth certificate produced to corroborate

The Queen (on the Application of C) v London Borough of Merton [2005] EWHC 1753 Admin Read More »

The Queen (on the application of AW) v London Borough of Croydon The Queen (on the application of A, D, and Y) v London Borough of Hackney & Secretary State (interested party) [2005] EWHC 2950 QB

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Immigration and Adult Social Care, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

This case concerned 4 applications for judicial review challenging the decision of 2 local authorities in relation to the provision of support for failed asylum seekers.  The outcome is that local authorities are under a duty not to provide support to failed asylum-seekers in the UK in breach of the immigration laws except where not

The Queen (on the application of AW) v London Borough of Croydon The Queen (on the application of A, D, and Y) v London Borough of Hackney & Secretary State (interested party) [2005] EWHC 2950 QB Read More »

Tawana Blackwood v Secretary of State for the Home Department [2003] EWHC 98 Admin

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Duties and Discretions, Immigration and Adult Social Care, The conditions on which choice of accommodation depends, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The types of accommodation arrangements to which Choice Rights apply, Universal duties to meet eligible unmet needs adequately and appropriately /

Immigration – dispersal – article 8 – human rights – NASS   TB, a 22 year old Jamaican had arrived in the UK at the age of 10. She had lived in London for 11 years, initially with her mother, but had been taken into foster care for a period, due to the poor care

Tawana Blackwood v Secretary of State for the Home Department [2003] EWHC 98 Admin Read More »

T v Secretary of State for the Home Department [2003] EWCA Civ 1285

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Assessment and Eligibility, Assessment under the Care Act, Human Rights in health and Social Care, Immigration and Adult Social Care /

Human rights – immigration –inhuman and degrading treatment This was an appeal by the Home Secretary from a High Court finding that his refusal of support to three destitute asylum seekers amounted to inhuman and degrading treatment in breach of article 3 of the European Convention on Human Rights.   D, S, and T had

T v Secretary of State for the Home Department [2003] EWCA Civ 1285 Read More »

Sylwia Kaczmarek v Secretary of State for Work and Pensions (2008) EWCA Civ 1310

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Immigration and Adult Social Care /

The appellant, Ms Kaczmarek (K), sought to challenge the decision by the Social Security Commissioner that she was not entitled to income support. She had conceded that she did not qualify for this benefit under UK law, because EEA nationals who working or studying and were otherwise self sufficient were excluded but argued that her

Sylwia Kaczmarek v Secretary of State for Work and Pensions (2008) EWCA Civ 1310 Read More »

Southwark LBC, ex p Hong Cui [2000] 2 CCLR 86 (QBD)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Immigration and Adult Social Care /

Section 21 National Assistance Act 1948 – destitute – assessment In assessing whether a destitute person needs assistance under s21 National Assistance Act 1948, a local authority must focus on the specific practical difficulties faced by that person and not on whether, considered in the abstract, the person ought to be able to fend for

Southwark LBC, ex p Hong Cui [2000] 2 CCLR 86 (QBD) Read More »

R (Pajaziti) v Lewisham LBC [2007] EWHC1874 (Admin)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Immigration and Adult Social Care, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

This case concerns the refusal of a local authority (L) to accommodate asylum seekers who were suffering from a major depressive episode. Mr and Mrs P were asylum seekers who applied for NASS support and made submissions that due to their poor health they should not be dispersed to accommodation outside London.  Their submissions were

R (Pajaziti) v Lewisham LBC [2007] EWHC1874 (Admin) Read More »

R (on the application of Refugee Action) v The Secretary of State for the Home Department [2014] EWHC 1033 (Admin)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Children Act 1989 services, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Immigration and Adult Social Care, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

A claim was brought in the interests of all asylum seekers by ‘Refugee Action’, a charity that supported and worked with refugee communities in the UK. The Refugee Action charity applied for judicial review of the Secretary of State’s decision to freeze the level of cash payments to meet the basic living costs of asylum

R (on the application of Refugee Action) v The Secretary of State for the Home Department [2014] EWHC 1033 (Admin) Read More »

R (on the application of O and the child’s mother and litigation friend MS PO) v LONDON BOROUGH OF LAMBETH (2016)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Due process requirements for Lawful Assessment, Immigration and Adult Social Care, Judicial Review, Legal rules as to what must be considered on Assessment, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

R (on the application of O and the child’s mother and litigation friend MS PO) v LONDON BOROUGH OF LAMBETH (2016) Keywords: Reasonableness, defensible decision making, assessment, child in need This case was a judicial review of Lambeth council’s refusal to provide a child and her mother with accommodation and support as a child in

R (on the application of O and the child’s mother and litigation friend MS PO) v LONDON BOROUGH OF LAMBETH (2016) Read More »