A successful judicial review of a council’s approach to funding respite The Administrative Court held that Newport City Council was in breach of its duties under the Social Services and Well‑being (Wales) Act 2014 and the Codes of Practice in the way it sought to meet BNF’s respite care needs through direct payments tied to […]
BNF (by his litigation friend BRX) v Newport City Council Read More »
Summary: The situation in which a person appears not to believe their doctor or other professionals and therefore might or might not lack capacity is a difficult one. This judgment in the posthumous case of Sudiksha Thirumalesh overturned a long-standing legal precedent stating that if someone does not accept their medical diagnosis or prognosis, they
Factual overview Surrey Police made an urgent application to the High Court to authorise the deprivation the liberty of PC, a 26-year-old in police custody. In her judgment, Theis J focused on the relevant practice in similar situations where vulnerable individuals were in a state of severe distress in police custody, as well as on
Yes it is, as long as the person’s human rights are considered, ie their right to respect for their home and their private life. In those circumstances – ie some sensitivity as to what the tech monitors and assuming it leaves some parts of the person’s life private – as per expectations of common decency
First of all, they CAN do this – cost effectiveness is a lawful consideration to inform the council’s decision as to what to offer. But they have to go through hoops in the Care Act, like finding somewhere that’s actually suitable, with a vacancy that DOES cost less for a proper package of care, with
The Administrative Court rules that Croydon LBC breached the rights to education of two children who had significant and profound disabilities, making an award of £10,000 to each child by way of just satisfaction (human rights damages) Decision: 7 March 2023 Before Jason Coppel KC (the Deputy Judge hearing this case in the Administrative Court)
ZB & Anor, R (On the Application Of) v NHS South West London ICB [2023] EWHC 489 (Admin) Read More »
The dignity and privacy argument has been tried but has failed because the law in this country is that all charging is discretionary and that unless you go through the means test you can be deemed to be able to pay the full cost. Therefore being means tested is the only way to obtain the
Necessity for using the direct payment to pay a listed family member living in the same household – (it being the normal position that this is prohibited by the Direct Payment regulations so that councils get as much free informal care as possible) does not need to be medically evidenced, and we can’t see how
https://www.bailii.org/ew/cases/EWCA/Civ/2004/1170.html Lest anyone think that there is no duty to give reasons for a care planning decision in the current crisis, they will be assisted by reminding themselves of the Goldsmith decision from 2004 – from even before the Care Act came in, and when care plans were not even statutory, please note. Under the
Keywords: Housing, Care Act, Interim Relief The applicant had mental health problems and was seeking judicial review of his local authority’s assessment of his care needs. Under the Care Act, as previously, the care needs of the adult must be accommodation-related for providing through funding of the accommodation to be even potentially a duty. This
R (on the application of AHMED) v ENFIELD LONDON BOROUGH COUNCIL (2017) Read More »