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Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999

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

AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

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

South West Care Homes Ltd and Others, Regina (on The Application of) v Devon County Council and Another: Admn 7 Nov 2012

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

Nassery, Regina (on The Application of) v London Borough of Brent: Admn 30 Jul 2010

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

Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act. Held: A Local Authority should allow for non-statutory guidance in assessing a disabled person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason. Sedley … Continue reading Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007

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

Regina v Royal County of Berkshire ex parte P: Admn 9 Jul 1996

An assessment for community care need not to be set according to the services available. Citations: Times 15-Aug-1996, [1996] EWHC Admin 25, (1998) 1 CCL Rep 141, [1997] COD 64, (1997) 33 BMLR 71, (1997-98) 1 CCL Rep 141 Links: Bailii Statutes: National Health Service and Community Care Act 1990 47(1) Jurisdiction: England and Wales … Continue reading Regina v Royal County of Berkshire ex parte P: Admn 9 Jul 1996

Regina on the Application of Goldsmith v The London Borough of Wandsworth: CA 27 Aug 2004

The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the residential home she knew. Held: The Authority’s decision making … Continue reading Regina on the Application of Goldsmith v The London Borough of Wandsworth: CA 27 Aug 2004

Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim (2): CA 9 Jul 1999

Having provided accommodation after assessing the applicant as being in urgent need of housing, the authority’s duties to the applicant were discharged, either by the refusal of reasonable offers of accommodation, or having been accommodated, if the applicant was then evicted for violent refusal to comply with reasonable requirements for the occupation of that accommodation. … Continue reading Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim (2): CA 9 Jul 1999

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

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

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

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Rahma Khana (By Her Litigation Friend, the Official Solicitor) v Mayor and Burgesses of London Borough of Southwark: CA 28 Jun 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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

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

Regina v Gloucestershire County Council Ex Parte Mahfood and Others; Regina v Islington London Borough Council Ex Parte Mcmillan: QBD 20 Jun 1995

A Local Authority may allow for its finances in deciding on care provision, but must look to individual case. Citations: Independent 20-Jun-1995, Times 21-Jun-1995 Statutes: National Health Service & Community Care Act 1990 47-1, Chronically Sick and Disabled Persons Act 1970 2(1) Jurisdiction: England and Wales Local Government Updated: 28 April 2022; Ref: scu.86702

Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003

The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003

Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

The court was asked whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives. Held: It … Continue reading Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

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