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 process was seriously flawed: ‘Judicial review is about process, and in my judgment the process here has been manifestly defective. ‘ The decision was quashed, and must be reconsidered.
Judges:
Lord Justice Chadwick Lord Justice Brooke Lord Justice Wall
Citations:
[2004] EWCA Civ 1170, (2004) 148 Sol Jo LB 1065
Links:
Statutes:
National Assistance Act 1948 Part III, National Health Service and Community Care Act 1990 47(1)
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited by:
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.
Health, Judicial Review
Updated: 11 June 2022; Ref: scu.200656
