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
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:  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
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
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
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
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
Local Authority is not able to take account of its resources in deciding whether to meet particular kinds of need. . .
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. . .
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