Article 3 freedom from inhuman and degrading treatment

R (on the application of AHMED) v ENFIELD LONDON BOROUGH COUNCIL (2017)

Article 3 freedom from inhuman and degrading treatment, Article 3 freedom from inhuman and degrading treatment, 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 /

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 […]

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Watts v Bedford Primary Care Trust and Another [2003] EWHC 2184 (Admin)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 3 freedom from inhuman and degrading treatment, 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, Delay and non-commissioning, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Timeliness and the duty to meet needs - unconscionable delay /

NHS – waiting lists – treatment abroad – undue delay   This was a claim for judicial review of the decision of the primary care trust (PCT) not to authorise W’s reimbursement for the costs of a hip operation carried out in France. W was 72 years old and had osteoarthritis in both hips. She

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Ombudsman’s findings against the London Borough of Ealing (12 012 697)

Leave a Comment / Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Article 3 freedom from inhuman and degrading treatment, Care Planning, Budgets and Choice Rights, Delay and non-commissioning, Duties and Discretions, Duties and powers to involve others, Human Rights relevant to Care Planning, Timeliness and the duty to meet needs - unconscionable delay, Universal duties to meet eligible unmet needs adequately and appropriately /

Ms Y was admitted to hospital in August 2011, prior to which she lived at home alone (with assistance from daily visits by home carers). After concerns were raised by one of Ms Y’s relatives and Ms Y’s psychiatrist regarding Ms Y’s failure to take her medication and her frequent admittances to A&E, a care

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Ombudsman Report : Southend-on-Sea Borough Council (04/A/10159) [2005]

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Care Planning, Budgets and Choice Rights, Duties and Discretions, Human Rights relevant to Care Planning, The irrelevance of a council's financial resources for whether a need is met; relevant only for HOW, Universal duties to meet eligible unmet needs adequately and appropriately /

The complainant parents complained that, having carried out a detailed assessment of their adult son (J), the Council failed to arrange a residential placement for him that would meet his assessed needs.  In carrying out needs assessments, local authorities should provide a package of services in a setting which has scope for individual development and

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Oluku v CQC [2012] UKFTT 275

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 5 the right to liberty, Care Planning, Budgets and Choice Rights, Human Rights relevant to Care Planning /

Following “video footage” analysis by the Care Quality Commission (the “CQC”) of widespread abuse at the Dormer Wells Lodge residential home (the “DWL”), and subsequent inspections by the CQC and reports by independent assessors, the CQC issued a notice of proposal to cancel the registration of the appellant (manager at DWL). In spite of the

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NYCC & ACCG v MAG (2016)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 5 the right to liberty, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, How the Mental Capacity Act affects the Care Act, Human Rights relevant to Care Planning, Relevance of mental capacity for Choice of Accommodation Rights /

NYCC & ACCG v MAG (2016) Keywords: Deprivation of liberty; Court of Protection powers; Accommodation. This was an appeal against the refusal of the lower court (North Yorkshire County Council v MAG, GC and A Clinical Commissioning Group [2015] EWCOP 64) to grant an order authorising the deprivation of liberty of MAG. The official solicitor

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Limbuela v Sec of State for the Home Department (unreported) (4 February 2004) (QBD)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 3 freedom from inhuman and degrading treatment, Care Planning, Budgets and Choice Rights, Human Rights in health and Social Care, Human Rights relevant to Care Planning /

Asylum – immigration – destitute – human rights – inhuman and degrading   L was an Angolan national who had sought asylum support and been turned down, despite evidence that he had no means of securing accommodation, or food or means of support, no access to sanitary facilities and no option but to sleep on

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Gezer v Secretary of State for the Home Department [2003] EWHC 860 (Admin)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Human Rights relevant to Care Planning /

Asylum seeker – NASS – dispersal – human rights   This was a claim for damages under the Human Rights Act 1998 brought by an asylum seeker whose family had been seriously racially harassed and abused after being dispersed from London to a Glasgow housing estate. Mr Gezer sought a declaration that a decision of

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E & Ors v United Kingdom (Application No 00033218/96) (ECtHR) (26 November 2002)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 3 freedom from inhuman and degrading treatment, Care Planning, Budgets and Choice Rights, Civil Proceedings, Financial Compensation and Restitution, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Negligence – abuse – duty of care – failure to protect – European Convention on Human Rights – article 3 – article 13 The applicants, who were brother and sisters, complained to the European Court of Human Rights that the failure by the local authority to protect them from physical and sexual abuse at the

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Brighton & Hove Council, ex parte AP [2001] (Unreported) (QBD)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 3 freedom from inhuman and degrading treatment, 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, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Withdrawal of funding – closure — consultation – breach of promise – human rights An application for judicial review of a decision by Brighton & Hove to withdraw funding from a specialist residential project providing expert care and support for severely autistic and brain damaged children with exceptionally challenging behaviour, was settled after the council

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