It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment.
Carnwath J said: ‘In some areas of the law that might be an adequate response, where those affected can be assumed to be capable of looking after their own interests, and where silence in response to an offer can be treated as acceptance or acquiescence. However, that approach is not valid in the present context. The obligation to make an assessment for community care services does not depend on a request, but on the appearance of ‘need.”
Judges:
Carnwath J
Citations:
[1998] 1 CCLR 477
Statutes:
Chronically Sick and Disabled Persons Act 1970
Jurisdiction:
England and Wales
Cited by:
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea Admn 11-Mar-2010
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. . .
Lists of cited by and citing cases may be incomplete.
Local Government, Health
Updated: 28 May 2022; Ref: scu.402613
