The claimants were residents in a private nursing home. As a result of the respondent’s failure to increase fees, the home would have to close. They sought a review of the respondent’s decision saying that it would infringe their rights to private and family life.
Held: Applying Pretty, the court should give public authorities a wide area of discretion in finding a balance between the interests of the community and of an individual. The financial resources of the respondent were a proper consideration, and they were entitled to a substantial deference. The challenge failed.
Citations:
Times 30-Apr-2003
Jurisdiction:
England and Wales
Citing:
Applied – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Local Government
Updated: 27 March 2022; Ref: scu.181623