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
A person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs … Continue reading Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999
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
Citations: [2002] EWCA Civ 1812 Links: Bailii Statutes: National Assistance Act 1948 Jurisdiction: England and Wales Human Rights, Health Updated: 26 November 2022; Ref: scu.227935
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 claimants sought judicial review of the decision as to the rates payable to care homes in their area under the 1948 Act. Judges: Supperstone J Citations: [2013] EWHC 234 (Admin) Links: Bailii Statutes: National Assistance Act 1948 Health Professions Updated: 14 November 2022; Ref: scu.470994
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
LRA Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to proceed taking into account the overriding objective set out in … Continue reading Kent County Council v Jenny Fremlin (Adding and Substituting Parties): LRA 14 Jan 2011
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
Local Authority have no duty to provide food vouchers to single asylum seeker not getting benefits if not providing him with housing. Citations: Gazette 11-Jun-1997 Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Benefits Updated: 06 November 2022; Ref: scu.87835
The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant’s … Continue reading Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same: Admn 18 Apr 2002
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
LRA Charges and Charging Orders – The Respondents have no arguable case in law on the facts alleged by them for contending that the Applicant was not entitled to declare a charge over the above property to secure payment to it of the sums due in respect of the provision of accommodation by it for … Continue reading Brighton and Hove City Council v Gibney, Gibney As Personal Representatives of The Late Thomas Edward Gibney: LRA 27 Sep 2012
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
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
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 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
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 appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
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
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016
Local Authority have no duty to provide benefitless asylum seeker with food vouchers unless they were already providing housing. Citations: Times 09-Jun-1997 Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Benefits Updated: 21 July 2022; Ref: scu.87432
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
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus. Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power in the United Kingdom courts to entertain issues which do not merely touch upon but are inseparable from the … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another: Admn 19 Mar 1998
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
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close. Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a … Continue reading Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002
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
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation? Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was adequate to place them immediately in temporary accommodation which would be adequate in the short term, pending … Continue reading Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest: CA 23 Oct 2003
The claimant was in local authority housing. She was disabled and sought leave to apply for judicial review of the authority’s failure to include her in a priority category for rehousing. Held: In view of the impending Court of Appeal decision in Wahid, her case may be arguable and she should be given leave to … Continue reading Kharazmi v London Borough of Lambeth: Admn 11 Feb 2002
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
Citations: [2004] EWHC 1377 (Admin) Links: Bailii Statutes: National Assistance Act 1948 29, Chronically Sick and Disabled Persons Act 1970 2 Jurisdiction: England and Wales Benefits Updated: 04 June 2022; Ref: scu.198224
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
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim … Continue reading Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997
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
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. Citations: Times 20-Apr-1999, [1999] EWHC Admin 285, (1999) 2 CCLR 340 Links: Bailii Statutes: National Assistance … Continue reading Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999
Citations: [1998] EWHC Admin 796 Links: Bailii Statutes: National Assistance Act 1948 21 Health, Benefits Updated: 27 May 2022; Ref: scu.138917
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
The court considered the awards of damages for personal injury as it may be affected by the operation of section 21 of the 1948 Act. Judges: Pill, Longmore, Scott Baker LJJ Citations: [2004] EWCA Civ 1370 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Personal Injury, Damages Updated: 26 May 2022; … Continue reading Sowden v Lodge: CA 21 Oct 2004
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
Provision to asylum seekers denied other benefits of board and lodging must be in kind and not in cash Citations: Times 31-Jul-1997 Statutes: National Assistance Act 1948 21(1) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others CA … Continue reading Regina v Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others: QBD 31 Jul 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
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the insubstantial nature of a teletext broadcast, the page constituted, sufficiently for the Act, ‘an advertisement … Continue reading Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000
Attendance allowance could be granted to a care resident who didn’t apply via the Local Authority Social Services department.Attendance allowance payable to elderly person on transfer of nursing home into the private sector. Citations: Times 19-Dec-1995, Ind Summary 08-Jan-1996 Statutes: Social Security (Attendance Allowance)(No 2) Regulations 1975/598, National Assistance Act 1948 Jurisdiction: England and Wales … Continue reading Steane and Another v Chief Adjudication Officer and Another: CA 19 Dec 1995
Since no payments had been made by the Local Authority for care, a care home resident was entitled to claim Attendance Allowance.Occupant of residential home paying charges himself may get attendance allowance. Citations: Gazette 09-Oct-1996, Times 08-Aug-1996, [1996] 1 WLR 1195 Statutes: National Assistance Act 1948 26 Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Steane v Chief Adjudication Officer and Another: HL 8 Aug 1996
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
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
Destitute asylum-seekers could derive benefit from section 21. Held: ‘The destitute condition to which asylum-seekers can be reduced as a result of the 1996 Act coupled with the period of time which, despite the Secretary of State’s best efforts, elapses before their applications are disposed of means inevitably that they can fall within a class … Continue reading Regina v Westminster City Council and others ex parte M, P, A and X: CA 1997
The provision by Local Authorities of assistance to destitute asylum seekers had to be by direct help and not by way of cash or cash substitutes (vouchers). Citations: Times 09-Sep-1998 Statutes: National Assistance Act 1948 21(1) Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of State for Health Ex Parte Hammersmith and … Continue reading Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others: CA 9 Sep 1998
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
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
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
LRA Charges and Charging Orders : Charges Imposed Pursuant To Statute – A local authority which has provided accommodation under section 21 of the National Assistance Act 1948, following the refusal of the Primary Care Trust to provide care and accommodation, and has properly declared a charge over the property of the person for whom … Continue reading Surrey County Council v Burt: LRA 16 Sep 2010
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
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
Where someone entered the UK with permission but overstayed, was imprisoned and ordered to be deported, but could not for some reason leave despite being willing, that person was not dis-entitled to receive residential assistance under the Act. Citations: Times 09-Dec-1998 Statutes: National Assistance Act 1948 21(1) Benefits Updated: 09 April 2022; Ref: scu.87106
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
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
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
Claim for nursing home care fees after death of patient – lack of capacity Lord Neuberger MR, Beatson, Briggs LJJ [2014] EWCA Civ 1350, [2014] PTSR 1507 Bailii National Assistance Act 1948 21 England and Wales Contract Updated: 22 December 2021; Ref: scu.538010
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
[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 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
Charges and Charging Orders : Charges Imposed Pursuant To Statute – Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to … Continue reading Kent County Council v Fremlin: LRA 14 Jan 2011
The parties were the parents of an illegitimate daughter. The child lived with the father at first, but the mother requested the child to be returned to her. The father agreed subject to a letter saying: ‘Mildred, I am prepared to let you have Carol and pay you up to andpound;1 per week allowance for … Continue reading Ward v Byham: CA 16 Jan 1956
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 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
Mrs Packer, a lady of eighty-three, claimed an attendance allowance under the Act of 1975 in respect of the cooking of her meals which she could not do herself. The Commissioner thought that eating was a bodily function and that cooking was so closely connected with it that it constituted ‘attention’ in connection with a … Continue reading Regina v National Insurance Commissioner, Ex parte Secretary of State for Social Services; In re Packer: CA 1981
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final. Held: In its decision the tribunal had made reference to the expert medical report and thereby had … Continue reading Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957
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
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved in the dispute. The authorities concerning acts of state were reviewed for the purpose of a … Continue reading Buttes Gas and Oil Co v Hammer (No 3): HL 1981
It had been alleged that there had been a conspiracy involving the company giving unlawful financial assistance for the purchase of its own shares.
Held: Dishonesty is not a necessary ingredient of liability in an allegation of a ‘knowing . .
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
The court was concerned to interpret s122(4) of the 1999 Act relating to ‘essential living needs’. Basic support and basic essential needs by reference to non-disabled asylum seekers would be provided by the Secretary of State under the 1999 Act, but that any additional support needed as a result of disabilities would be provided by … Continue reading Regina (on the application of Ouji) v Secretary of State for the Home Department: 2002
The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the section. Held: The claim succeeded. The fact that medication and regular medical attention were … Continue reading M, Regina (on the Application of) v Slough Borough Council: Admn 27 Apr 2004
The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that the protection afforded to them would be reduced. Held: The claimants … Continue reading Johnson and others v London Borough of Havering and others: CA 30 Jan 2007
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was provided accommodation by NASS, but was unhappy with it and sought … Continue reading Regina (on the Application of Mani) v London Borough of Lambeth: CA 9 Jul 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
Judges: Charles J Citations: [2004] EWHC 879 (Admin) Links: Bailii Statutes: National Assistance Act 1948 29 Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading Fay, Regina (on the Application of) v Essex County Council: Admn 26 Apr 2004
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
