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AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

Regina v Gloucester County Council and Another Ex Parte Barry; Regina v Lancashire County Council Ex Parte RADR and Another: CA 12 Sep 1996

Local Authority is not able to take account of its resources in deciding whether to meet particular kinds of need. Citations: Gazette 12-Sep-1996 Statutes: Chronically Sick and Disabled Persons Act 1970 2(1) Jurisdiction: England and Wales Health Updated: 31 October 2022; Ref: scu.86698

KM, Regina (on The Application of) v Cambridgeshire County Council: Admn 26 Nov 2010

The claimant sought leave to bring judicial review of the decision of the Respondent as to the amount attributable to his care package. Held: Leave was refused. Judges: Bidder QC J Citations: [2010] EWHC 3065 (Admin), (2011) 14 CCL Rep 83 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1) Jurisdiction: England and … Continue reading KM, Regina (on The Application of) v Cambridgeshire County Council: Admn 26 Nov 2010

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 28 Oct 2010

Judges: Maurica Kay LJ VP, Longmore, Patten LJJ Citations: [2010] EWCA Civ 1209 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2 Jurisdiction: England and Wales Citing: Appeal from – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea Admn 11-Mar-2010 The claimant challenged the defendant’s policies on caring … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 28 Oct 2010

Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc: QBD 2 Aug 1996

Local Authority may allow for finances in deciding on care but must look to individual case. Citations: Gazette 02-Aug-1996 Statutes: Chronically Sick and Disabled Persons Act 1970 2(1) Jurisdiction: England and Wales Citing: Appeal to – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997 The House considered the need when assessing … Continue reading Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc: QBD 2 Aug 1996

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997

The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is ‘necessary’ in order to meet … Continue reading Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997

Regina v Gloucestershire County Council Ex Parte Mahfood and Others; Regina v Islington London Borough Council Ex Parte Mcmillan: QBD 20 Jun 1995

A Local Authority may allow for its finances in deciding on care provision, but must look to individual case. Citations: Independent 20-Jun-1995, Times 21-Jun-1995 Statutes: National Health Service & Community Care Act 1990 47-1, Chronically Sick and Disabled Persons Act 1970 2(1) Jurisdiction: England and Wales Local Government Updated: 28 April 2022; Ref: scu.86702

Robson and Another, Regina (on The Application of) v Salford City Council: Admn 23 Oct 2014

The claimants who all suffered disability complained of the withdrawal by the respondent of its Passenger Transport Unit, which had provided support to them in attending local day care facilities. Held: The request for judicial review failed. Davies J described the statutory scheme: ‘It is common ground that the defendant is obliged under section 29 … Continue reading Robson and Another, Regina (on The Application of) v Salford City Council: Admn 23 Oct 2014

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

KM, Regina (on The Application of) v Cambridgeshire County Council: SC 31 May 2012

The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had estimated the total at andpound;157,000 a year, but the Council offered andpound;85,000, applying its own upper banding calculator … Continue reading KM, Regina (on The Application of) v Cambridgeshire County Council: SC 31 May 2012

Regina v Powys County Council ex parte Hambridge: CA 2 Jul 1998

Statutory extensions of the council’s duty to provide new kinds of care, did not take away the authority’s power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a … Continue reading Regina v Powys County Council ex parte Hambridge: CA 2 Jul 1998

KM, Regina (on The Application of) v Cambridgeshire County Council: CA 9 Jun 2011

The claimant was a severely disabled adult, entitled to assistance under the 1970 Act. He had been refused leave to bring judicial review of the decision as to the extent of that assistance. Held: Leave was granted, and the court decided to hold the review itself. Doing so, it rejected the challenge, saying: ‘There has … Continue reading KM, Regina (on The Application of) v Cambridgeshire County Council: CA 9 Jun 2011

Regina v North Yorkshire County Council Ex Parte Hargreaves: QBD 12 Jun 1997

The local authority’s duty to facilitate holidays for the disabled includes the power to fund the basic cost of such holidays. Citations: Times 12-Jun-1997 Statutes: Chronically Sick and Disabled Persons Act 1970 Jurisdiction: England and Wales Citing: See Also – Regina v North Yorkshire County Council Ex Parte Hargreaves QBD 9-Nov-1994 Both the patient and … Continue reading Regina v North Yorkshire County Council Ex Parte Hargreaves: QBD 12 Jun 1997

A v The London Borough of Lambeth: Admn 25 May 2001

The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them. Held: The structure the section is general, and point very clearly to … Continue reading A v The London Borough of Lambeth: Admn 25 May 2001

Regina v Gloucestershire County Council ex parte Radar: Admn 1998

It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment. Carnwath J said: ‘In some areas of the law that might be an adequate response, where those affected can be assumed to be capable of looking after their … Continue reading Regina v Gloucestershire County Council ex parte Radar: Admn 1998

Regina v Powys County Council ex parte Jenny Diane Hambidge: Admn 7 Oct 1997

A Local Authority has power to charge for services it provides under Chronically Sick and Disabled Persons Act and under the Health and Social Services etc Act. Citations: Times 05-Nov-1997, [1997] EWHC Admin 842 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970, Health and Social Services and Social Security Adjudications Act 1983 17(2) … Continue reading Regina v Powys County Council ex parte Jenny Diane Hambidge: Admn 7 Oct 1997

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