Judges: Garnham QC J Citations: [2008] EWHC 2786 (Admin) Links: Bailii Statutes: National Health Services and Community Care Act 1990 47, National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Human Rights Updated: 30 July 2022; Ref: scu.278258
The court was asked whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives. Held: It … Continue reading Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014
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
The claimant which ran various residential care and nursing homes challenged the decisions by the respondent as to the rates it would pay to support the care of other patients. Judges: Milwyn Jarman QC Citations: [2012] EWHC 2967 (Admin) Links: Bailii Statutes: National Assistance Act 1948, National Health Service and Community Care Act 1990 47, … Continue reading South West Care Homes Ltd and Others, Regina (on The Application of) v Devon County Council and Another: Admn 7 Nov 2012
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
An assessment for community care need not to be set according to the services available. Citations: Times 15-Aug-1996, [1996] EWHC Admin 25, (1998) 1 CCL Rep 141, [1997] COD 64, (1997) 33 BMLR 71, (1997-98) 1 CCL Rep 141 Links: Bailii Statutes: National Health Service and Community Care Act 1990 47(1) Jurisdiction: England and Wales … Continue reading Regina v Royal County of Berkshire ex parte P: Admn 9 Jul 1996
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
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