Taking into account the scope and policy of the Housing Acts, local authorities’ powers of management of housing accommodation should be construed ‘in the widest possible sense.’ Judges: Lord Greene MR Citations: [1948] 1 KB 274 Jurisdiction: England and Wales Cited by: Approved – Regina v London Borough of Ealing, Ex parte Lewis CA 1992 … Continue reading Shelley v London County Council: CA 1948
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a … Continue reading In Re Z (Local Authority: Duty): FD 3 Dec 2004
Mr. Bevins’ election address at a local election was the subject of qualified privilege in a defamation action.
Held: The court applied the classic requirements necessary to confer qualified privilege.
Lord Greene MR said: ‘A defamatory . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Powergen sold a property to Edison. Powergen had paid rates under a separate statutory rating regime, and paid an additional thirteen million pounds under an apportionment. Edison later complained that in being rated itself, the authorities had collected rates twice for the same property. It challenged the legality of the order under which the rates … Continue reading Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003
Local Authority may cease to provide any care of a particular class if alternative voluntary arrangements can be made available. Citations: Gazette 06-Sep-1995, Times 29-Jun-1995 Statutes: Community Care Act 1990 1, National Assistance Act 1948 Jurisdiction: England and Wales Citing: Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith QBD 21-Apr-1995 A … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995
Judges: Newman J Citations: [2007] EWHC 1874 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21(1) Jurisdiction: England and Wales Housing, Benefits, Immigration, Local Government Updated: 05 December 2022; Ref: scu.258822
The plaintiff challenged a compulsory purchase order, saying that the purpose of the order went beyond the statutory purpose. Held: The provision of ‘houses’ must be taken to include the provision of ancillary facilities. Denning J said that he was satisfied that the local authority did not mean to restrict itself in its letting of … Continue reading HE Green and Sons v Minister of Health (No 2): 1947
Citations: [2003] EWHC 1093 (Admin) Links: Bailii Statutes: National Assistance Act 1948, National Health Service and Community Care Act 1990 Jurisdiction: England and Wales Local Government Updated: 30 November 2022; Ref: scu.185314
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
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
Citations: [2006] EWHC 1912 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21, National Health Service and Community Care Act 1990, Children Act 1989 Jurisdiction: England and Wales Housing, Benefits, Children, Local Government Updated: 14 November 2022; Ref: scu.244123
Judges: Pill LJ, Rix LJ, Thomas LJ Citations: [2007] EWCA Civ 862 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Benefits, Local Government Updated: 14 November 2022; Ref: scu.259131
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Dispute as to which council had obligation to support a young disabled man. Judges: Beatson J Citations: [2012] EWHC 3739 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 24 32 Jurisdiction: England and Wales Cited by: Appeal from – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Others … Continue reading Cornwall Council, Regina (on The Application of) v Wiltshire Council and Others: Admn 21 Dec 2012
Challenge to transfer of old people’s residential care home to private sector. Judges: Forbes J Citations: [2006] EWHC 1714 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Health Updated: 09 November 2022; Ref: scu.243150
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
Application for judicial review to quash a number of decisions of the defendant that the claimant does not have a need for care and attention pursuant to section 1 of the 1948 Act and section 47 of the 1990 Act. Judges: Robinson DHCJ Citations: [2010] EWHC 2326 (Admin) Links: Bailii Statutes: National Assistance Act 1948 … Continue reading Nassery, Regina (on The Application of) v London Borough of Brent: Admn 30 Jul 2010
The claimant sought judicial review of the Council’s rejection of his request for assistance under the 1948 Act. He was a failed asylum seeker, who having been destitute, had become mentally ill. Held: The applicant’s appeal succeeded. As to the conclusion of the court below on the care and attention issue, Laws LJ said: ‘The … Continue reading SL v Westminster City Council and Others: CA 10 Aug 2011
Judges: Wilson JK Citations: [2004] EWHC 435 (Admin) Links: Bailii Statutes: National Assistance Act 1948 22(1) 22(2) Jurisdiction: England and Wales Benefits, Local Government Updated: 16 September 2022; Ref: scu.194909
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
The claimant was subject to immigration control. He sought assistance under the 1948 Act on the basis that he suffered HIV. The authority appealed an order requiring them to provide assistance on the basis that he need for medication brought him within the section. Held: The authority’s appeal was dismissed. Care and attention could extend … Continue reading Slough Borough Council v M, Regina (on the Application Of): CA 25 May 2006
The court was asked whether the judge was in error or not in refusing to set aside the decision of the respondent local authority, the London Borough of Brent that the appellant was not entitled to support under section 21(1) of the 1948 Act which enables a local authority to provide accommodation for a person … Continue reading Nassery, Regina (on The Application of) v London Borough of Brent: CA 11 May 2011
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
Appeal against a decision refusing an application by the council to declare unlawful a decision of the the respondents to move SL from residential accommodation provided by the National Society for Epilepsy into other accommodation. Held: The appeal failed: ‘The context here is an assessment under s.47 in which . . the duty is owed … Continue reading Buckinghamshire County Council v Royal Borough of Kingston Upon Thames: CA 19 Apr 2011
Application for permission to seek judicial review of a decision in a letter from the Council’s solicitor, to refuse to accommodate the claimant pursuant to duties under section 21(1)(a) of the National Assistance Act 1948. Held: The claim failed. Important as was the social work support to SL’s well being, it did not amount to … Continue reading SL, Regina (on The Application of) v City of Westminster Council: Admn 15 Nov 2010
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its … Continue reading SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010
The court was asked as to the issue of a local housing authority’s power under the 1989 Act, to expend money on ‘the repair, maintenance, supervision and management of houses and other property’. Held: The phrase should be given ‘a wide construction’ (Lloyd LJ) and Woolf LJ: it should receive ‘a generous interpretation’. Judges: Lloyd … Continue reading Regina v London Borough of Ealing, Ex parte Lewis: CA 1992
A local authority was sued by a disabled person for breach of the duty imposed by s.2 of CSDPA. Held: The case was struck out on the basis that her proper remedy was to persuade the Minister to use his default powers under s. 36 of the 1948 Act. As to her claim for damages, … Continue reading Wyatt v Hillingdon London Borough Council: CA 1978
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 applicant was an asylum seeker awaiting a decision on his claim. He was totally blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own. Held: The request for judicial review was granted. Judges: Burnett J Citations: [2009] … Continue reading Zarzour, Regina (On the Application of) v London Borough Of Hillingdon: Admn 1 May 2009
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act. Held: (Majority) Because the land subject to notices to treat was required for a use other than agriculture the tenancies were no longer protected. The Point Gourde principle did … Continue reading Rugby Joint Water Board v Shaw-Fox: HL 1973
Judges: Lord Justice Ward Sir Christopher Staughton Lord Justice Dyson Citations: [2004] EWCA Civ 309 Links: Bailii Statutes: National Assistance Act 1948 21, Local Government Act 2000 2 Jurisdiction: England and Wales Immigration, Benefits Updated: 17 July 2022; Ref: scu.194579
Judges: Black J Citations: [2008] EWHC 738 (Admin) Links: Bailii Statutes: Special Guardianship Regulations 2005, National Assistance Act 1948 21 24, Adoption and Children Act 2002 Cited by: Cited – Barrett v Kirklees Metropolitan Council Admn 12-Mar-2010 The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 … Continue reading B v London Borough of Lewisham and Another: Admn 17 Apr 2008
Citations: [2007] EWCA Civ 1351 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Benefits Updated: 12 July 2022; Ref: scu.262881
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority … Continue reading Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
Citations: [2005] EWHC 428 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21(1)(a) Jurisdiction: England and Wales Benefits, Local Government Updated: 13 June 2022; Ref: scu.223846
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better accommodation as a person in need of care and attention under s 21(1) of the National Assistance Act 1948. The court decided that in a … Continue reading Wahid v London Borough of Tower Hamlets: CA 7 Mar 2002
The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. On an application for permission to appeal, it was alleged that Sullivan J had wrongly conducted a balancing … Continue reading London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001
The applicant sought assistance under the National Assistance Act, in the form of housing. He suffered mental illness and was vulnerable. It was argued that the Act imposed a duty on the authority which was regardless of its budgetary limitations. The Act sought to satisfy a need for care with housing provision. It is a … Continue reading Regina (Wahid) v The London Borough of Tower Hamlets: Admn 23 Aug 2001
The applicant was an elderly Iraqi lady with poor sight and mental illness. The local authority decided that she needed care in a residential home. She applied for a two bed-roomed ground floor flat, which would allow her to live with her extended family and among others who spoke her language. The court held that … Continue reading Rahma Khana (By Her Litigation Friend, the Official Solicitor) v Mayor and Burgesses of London Borough of Southwark: CA 28 Jun 2001
Citations: [2001] EWCA Civ 512, (2001) 33 HLR 83, (2001) 4 CCL Rep 143 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Citing: Appeal from – Westminster City Council v National Asylum Support Service Admn 27-Feb-2001 . . Cited by: Appeal from – Westminster City Council v National Asylum Support Service … Continue reading Westminster City Council v National Asylum Support Service: CA 10 Apr 2001
Judges: Stanley Burnton J Citations: [2001] EWHC Admin 138 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Westminster City Council v National Asylum Support Service CA 10-Apr-2001 . .At first instance – Westminster City Council v National Asylum Support Service HL 17-Oct-2002 The applicant sought assistance … Continue reading Westminster City Council v National Asylum Support Service: Admn 27 Feb 2001
Citations: [1997] EWHC Admin 1128 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Immigration, Benefits Updated: 26 May 2022; Ref: scu.138073
A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised. Citations: Times 07-May-1997, [1997] EWHC Admin 422 Links: Bailii Statutes: National Assistance Act 1948, National Assistance (Assessment of Resources) Regulations 1992 (1992 … Continue reading Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe): Admn 28 Apr 1997
Citations: [1997] EWHC Admin 350 Links: Bailii Statutes: National Assistance Act 1948 21(1)(a) Local Government Updated: 25 May 2022; Ref: scu.137295
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded from the benefits system are to be supported by the local authority. Judges: Lord Woolf MR, Waite, Henry … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc: CA 17 Feb 1997
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority. Held: The refusals were unlawful. Where circumstances of need arose over and above needs arising from lack of accommodation and funds, then … Continue reading Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000
Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000
LT Applicable amount – local authority accommodation leased to voluntary organisations – whether claimants are ‘persons in residential accommodation’ or are living in ‘residential care homes’ Judges: Lord Keith, Lord Mustill, Lord Slynn of Hadley, Lord Nicholls of Birkenhead and Lord Hope of Craighead Citations: Gazette 09-Oct-1996, Times 08-Aug-1996, [1996] UKSSCSC CIS – 298 – … Continue reading Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
The applicant sought review of the authority’s decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction. Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority’s … Continue reading Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
The court had to decide what was the ordinary reference under the 1948 of an adult without capacity. V had been in residential care in Ireland for over 20 years, but having left there had been with her mother for two weeks. The parties argued the case using the test in Shah. Held: The court … Continue reading Regina v Waltham Forest, Ex parte Vale: 11 Feb 1985
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
Judges: Mr Justice Lloyd Jones Citations: [2005] EWHC 2950 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Croydon and Another v AW, A and Y, Regina (on the Application of) CA 4-Apr-2007 The authority appealed a finding that it was responsible to provide support to … Continue reading AW, Regina (on the Application of) v London Borough of Croydon; A D Y v London Borough of Hackney and Secretary of State for the Home Department: Admn 16 Dec 2005
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
Citations: [1997] EWHC Admin 463 Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Benefits, Immigration Updated: 28 April 2022; Ref: scu.137408
Judges: Hickinbottom J Citations: [2010] EWHC 3514 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Benefits, Local Government Updated: 18 April 2022; Ref: scu.431942
The applicant Z awaited a decision on his asylum claim. He was blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own. The judge upheld his claim to judicial review of the refusal to provide assistance under the … Continue reading Regina (Zarzour) v Hillingdon London Borough Council: CA 2009
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue. … Continue reading Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006
A Local Authority was entitled to look to its financial resources before setting the standards and levels of care it could provide. Citations: Times 27-Mar-1997, [1997] EWHC Admin 338 Statutes: National Assistance Act 1948 2(1)(a) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Sefton Metropolitan Borough Council ex parte Help the Aged … Continue reading Regina v Sefton Borough Council ex parte Help the Aged: Admn 26 Mar 1997
The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act. Citations: Times 26-Dec-1997 Statutes: National Assistance Act 1948 Part III Jurisdiction: England and Wales Benefits, Local Government, Housing Updated: 10 April 2022; Ref: scu.88569
The applicants had contended that Wandsworth was under a duty to maintain some accommodation for the elderly in premises under its own management. Held: The applicants claim failed. Local Authorities may provide all care for elderly by outside agencies, not needing to provide their own homes and services. Courts determine what is the law, whether … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: HL 15 Dec 1995
A Local Authority must maintain some facilities to provide each type of social care it was required to supply. Citations: Independent 21-Apr-1995, Times 05-Jun-1995 Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith CA 29-Jun-1995 Local Authority may cease to … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: QBD 21 Apr 1995
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997
Judges: Munby J Citations: [2002] EWHC 2771 (Admin) Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970, National Health Service and Community Care Act 1990 47, National Assistance Act 1948 29 Jurisdiction: England and Wales Health, Local Government Updated: 30 January 2022; Ref: scu.189103
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The court was asked as to which of a number of local authorities should be responsible for funding the residential accommodation of a disabled adult pursuant to section 21 of the 1948 Act. In particular, it concerns the proper construction of section 24(5) which deems a person to be ordinarily resident in a local authority … Continue reading Kent County Council, Regina (on The Application of) v The Secretary of State for Health and Others: CA 11 Feb 2015
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
Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought determination of whether the trusts were charitable, or whether it … Continue reading Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia): ChD 31 Jul 2002
[2014] EWHC 2437 (Ch) Bailii National Assistance Act 1948 26(1) England and Wales Benefits, Local Government Updated: 17 December 2021; Ref: scu.534430
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The Claimant challenged the decision of the Respondent to uphold its reversal of a previous decision to disregard a property, Sunnydene, Astley Burf, Stourport-on-Severn owned by the Claimant’s elderly mother, in calculating her mother’s ability to pay care home charges. Held: The decision was quashed and returned for reconsideration. While the Council had rightly believed … Continue reading Walford, Regina (on The Application of) v Worchestershire County Council: Admn 10 Feb 2014
The defendant executor appealed from summary judgment in favour of the claimant in respect of outstanding care home fees. Andrews DBE J [2014] EWHC 77 (QB), [2014] PTSR 888, [2014] WLR(D) 42 Bailii, WLRD Mental Capacity Act 2005, National Assistance Act 1948, National Health Service and Community Care Act 1990 England and Wales Contract, Health, … Continue reading Aster Healthcare Ltd v Shafi (Estate of): QBD 24 Jan 2014
The applicant was detained in Broadmoor, having been convicted of murder in 1977 and of manslaughter in 1980. He suffered from serious mental instability and psychosis The second killing was of a fellow prisoner whom he believed to be his adoptive mother. From Broadmoor he applied to the Registrar General for access to his birth … Continue reading Regina v Registrar General, ex parte Smith: CA 1991
The court was asked whether the rule against forfeiture applied so as to disentitle an applicant from receiving a widow’s allowance when she had killed her husband with a knife. She had been held guilty of manslaughter but simply placed on probation. Held: The forfeiture rule does not apply universally to all cases involving a … Continue reading Regina v Chief National Insurance Commissioner Ex Parte Connor: QBD 1981
The court was asked which of two the local authorities should pay for the continuing care of a man now nearing 50 years of age who suffered severe brain injury in a road traffic accident in 2005. He lacked mental capacity and required 24 hours’ care. The issue of funding in turn depended upon the … Continue reading Neath and Port Talbot Council v Secretary of State for Health: Admn 31 Jul 2013
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The claimants sought judicial review of a decision of the defendant harbour masters themselves to install and sell from the harbour all fule for use by boats using it, saying that they had no power to operate such an enterprise. Held: Whilst the sale of fuel would assist the town, it was not part of … Continue reading Looe Fuels Ltd., Regina (on the Application of) v Looe Harbour Commissioners: Admn 27 Apr 2007
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 principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003
The court emphasised the need, in the interests not merely of the parent but also of the child, of a transparently fair and open procedure at all stages of the care process, including the making of documents openly available to parents. Munby J said: ‘it must never be forgotten that, with the state’s abandonment of … Continue reading Re L (Care: Assessment: Fair Trial): FD 2002
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and derived from his destitution, and that they had no obligation to assist. He had failed … Continue reading SL v Westminster City Council: SC 9 May 2013
Disclosure of risk of self harm made no claim The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr Scott with the services … Continue reading Scott v LGBT Foundation Ltd: QBD 3 Mar 2020
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
A government minister had decided to confirm a draft new town order following a public local inquiry. One of the grounds on which the decision was challenged was that the minister could not consider the report and the objections without a pre-disposition to favour the confirmation of the draft order, since it took forward a … Continue reading Franklin v Minister of Town and Country Planning: HL 2 Jul 1947
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
The court heard a complaint as to the non payment of dividends. Harman J said: ‘It is, in my judgment, vital to remember that actions of boards of directors cannot simply be justified by invoking the incantation ‘a decision taken bona fide in the . .