The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations provided that the father was to be treated as still possessing property of which he had denuded himself to avoid payment of the charges The local authority sought an equitable charge over the property. The council had misapplied the subjective test, of whether the father had actually known sufficient of the scheme, and the need to test the actual purpose of the gift in the father’s mind. The son said the procedure lacked independence because of the potential conflict of interest and lack of independence of those making the decisions. The statutory scheme is a measure of welfare assistance, but not every part need be, and may not be covered by the Convention. The availability of judicial review was inadequate to correct that defect. There was a breach of the claimant’s article 6 rights, but not under article 14.
Judges:
Mr Justice Richards
Citations:
Times 21-Dec-2001, [2001] EWHC Admin 986
Links:
Statutes:
National Assistance Act 1948 21, National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)
Jurisdiction:
England and Wales
Citing:
Applied – Yule v South Lanarkshire Council for Judicial Review of A Decision of South Lanarkshire Council SCS 15-Aug-2000
. .
Cited – Regina on the Application of Kathro and Others and Llantwit Fardre Community Council v Rhondda Cynon Taff County Borough Council Admn 6-Jul-2001
Local residents sought to challenge the proposed determination of a planning application which involved a private finance initiative. One of the grounds was that the use of a negotiated tendering procedure for the purposes of the PFI was contrary to . .
Appealed to – The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Cited by:
Appeal from – The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Lists of cited by and citing cases may be incomplete.
Land, Benefits
Updated: 01 October 2022; Ref: scu.166918