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 given that the conclusion and recommendation were not challenged as such, the court could not intervene. The authority had satisfied its statutory obligations, which did not require it to satisfy preferences.
Judges:
Henry, Mance LJJ, McKinnon J
Citations:
Gazette 31-Aug-2001, Times 25-Sep-2001, [2001] EWCA Civ 999
Links:
Statutes:
National Assistance Act 1948, National Health Service and Community Care Act 1990
Jurisdiction:
England and Wales
Local Government, Health
Updated: 31 May 2022; Ref: scu.147599