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
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
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:  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
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 . .
An assessment for community care need not to be set according to the services available. . .
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