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The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another: QBD 30 Nov 2001

The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations provided that the father was to be treated as still possessing property … Continue reading Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another: QBD 30 Nov 2001

Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe): Admn 28 Apr 1997

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

Yale v South Lanarkshire Council: OHCS 18 May 1998

When assessing capital for purposes of providing long term care in residential or Nursing home, a local authority may include notional capital of home given away more than six months previously, in this case in return for a life interest. Citations: Times 18-May-1998 Statutes: National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) 25 … Continue reading Yale v South Lanarkshire Council: OHCS 18 May 1998