Choice is an overall aspiration in the Act, but a formal right to choose a preferred provider for certain sorts of service, has been included in the legislation. This choice right arises only in defined situations in which a person with a personal budget sorted out is entitled to say to the council funding the […]
Choice of Accommodation under the Care Act Read More »
(and a placement in a nursing home) are covered by statutory provisions which have been in force since 1948. The relevant statutory function has proved wide enough to cater for last resort provision for asylum seekers (until statute transferred this responsibility to a central services called NASS) and for the homeless with community care needs.
Registered Homes Act 1984 – residential and nursing homes – care – contracts with local authority The council was entitled to incorporate higher contractual duties in its standard form of care home contract than those imposed by the Registered Homes Act 1984. Neither the terms of the contract nor the enforcement procedures conflicted with Act.
Newcastle-upon-Tyne Council, ex parte Dixon [1993] 158 LGRevR 441 (QBD) Read More »
This was an appeal against the order of Supperstone J dismissing the Appellant’s claim for judicial review of the Respondent’s decision to offer care home rates in its area at a particular rate, for a three-year period. The Appellants were members of the committee of Care North East-Northumberland (‘CNEN’) which represented the interests of its
Members of the Committee of Care North East v Northumberland CC 2013 EWCA Civ 1740 Read More »
Registered care homes – fees – dispute A care home owner has established the right to payment of a fair price against the Isle of Wight Council in the absence of a finalised contract for the future, so far as price was concerned. The Council had argued that the home’s keeping the client and continuing
Jones v Isle of Wight Read More »
An agreement by a local authority with a person occupying preferred residential accommodation, whereby that person would pay the difference between the full cost and the amount the authority would usually expect to pay, for the purposes National Assistance Act 1948 (Choice of Accommodation) Directions 1992 paras 3 and 4, was unlawful. It would only
East Sussex County Council, ex p Ward [2000] 3 CCLR 132 (QBD) Read More »