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Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

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

Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest: CA 23 Oct 2003

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

Westminster City Council v National Asylum Support Service: CA 10 Apr 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

Westminster City Council v National Asylum Support Service: Admn 27 Feb 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

Sowden v Lodge: CA 21 Oct 2004

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

Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000

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

Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006

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

Regina v Wandsworth London Borough Council Ex Parte Beckwith: QBD 21 Apr 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

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

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

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

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

Acts

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

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 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

Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004

The court considered the duties of local authorities to support infirm asylum seekers with children. Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support Service. Judges: Lord Justice Rix, LCJ, Lord Justice Carnwath Citations: [2004] EWCA Civ 535, Times 27-May-2004, [2004] 2 … Continue reading Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004

Wahid v London Borough of Tower Hamlets: CA 7 Mar 2002

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

Kharazmi v London Borough of Lambeth: Admn 11 Feb 2002

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

Regina (Wahid) v The London Borough of Tower Hamlets: Admn 23 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

Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997

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

Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999

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

Regina v Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others: QBD 31 Jul 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

Steane v Chief Adjudication Officer and Another: HL 8 Aug 1996

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

Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc: CA 17 Feb 1997

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

Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000

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

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 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

Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996

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

Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

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

Regina v Westminster City Council and others ex parte M, P, A and X: CA 1997

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

Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others: CA 9 Sep 1998

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

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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

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

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

Surrey County Council v Burt: LRA 16 Sep 2010

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

Regina (Zarzour) v Hillingdon London Borough Council: CA 2009

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

Regina v Lambeth London Borough Council ex parte Sarhangi: QBD 9 Dec 1998

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

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 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

In Re Z (Local Authority: Duty): FD 3 Dec 2004

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

Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

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

Robson and Another, Regina (on The Application of) v Salford City Council: Admn 23 Oct 2014

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

Walford, Regina (on The Application of) v Worchestershire County Council: Admn 10 Feb 2014

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

Kent County Council v Fremlin: LRA 14 Jan 2011

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

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

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

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

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

Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957

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

M, Regina (on the Application of) v Slough Borough Council: HL 30 Jul 2008

The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only needs, other than for a home and subsistence, are for medication prescribed by his doctor … Continue reading M, Regina (on the Application of) v Slough Borough Council: HL 30 Jul 2008

Buttes Gas and Oil Co v Hammer (No 3): HL 1981

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