A Local Authority was entitled to look to its financial resources before setting the standards and levels of care it could provide. Citations: Times 27-Mar-1997,  EWHC Admin 338 Statutes: National Assistance Act 1948 2(1)(a) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Sefton Metropolitan Borough Council ex parte Help the Aged … Continue reading Regina v Sefton Borough Council ex parte Help the Aged: Admn 26 Mar 1997
The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act. Citations: Times 26-Dec-1997 Statutes: National Assistance Act 1948 Part III Jurisdiction: England and Wales Benefits, Local Government, Housing Updated: 10 April 2022; Ref: scu.88569
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Since no payments had been made by the Local Authority for care, a care home resident was entitled to claim Attendance Allowance.Occupant of residential home paying charges himself may get attendance allowance. Citations: Gazette 09-Oct-1996, Times 08-Aug-1996,  1 WLR 1195 Statutes: National Assistance Act 1948 26 Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Steane v Chief Adjudication Officer and Another: HL 8 Aug 1996
LT Applicable amount – local authority accommodation leased to voluntary organisations – whether claimants are ‘persons in residential accommodation’ or are living in ‘residential care homes’ Judges: Lord Keith, Lord Mustill, Lord Slynn of Hadley, Lord Nicholls of Birkenhead and Lord Hope of Craighead Citations: Gazette 09-Oct-1996, Times 08-Aug-1996,  UKSSCSC CIS – 298 – … Continue reading Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996
 EWHC 2437 (Ch) Bailii National Assistance Act 1948 26(1) England and Wales Benefits, Local Government Updated: 17 December 2021; Ref: scu.534430
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016
Judges: Black J Citations:  EWHC 738 (Admin) Links: Bailii Statutes: Special Guardianship Regulations 2005, National Assistance Act 1948 21 24, Adoption and Children Act 2002 Cited by: Cited – Barrett v Kirklees Metropolitan Council Admn 12-Mar-2010 The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 … Continue reading B v London Borough of Lewisham and Another: Admn 17 Apr 2008
Citations:  EWCA Civ 1351 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Benefits Updated: 12 July 2022; Ref: scu.262881
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close. Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a … Continue reading Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002
The court considered the duties of local authorities to support infirm asylum seekers with children. Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support Service. Judges: Lord Justice Rix, LCJ, Lord Justice Carnwath Citations:  EWCA Civ 535, Times 27-May-2004,  2 … Continue reading Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better accommodation as a person in need of care and attention under s 21(1) of the National Assistance Act 1948. The court decided that in a … Continue reading Wahid v London Borough of Tower Hamlets: CA 7 Mar 2002
Citations:  EWHC Admin 1128 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Immigration, Benefits Updated: 26 May 2022; Ref: scu.138073
The court considered the awards of damages for personal injury as it may be affected by the operation of section 21 of the 1948 Act. Judges: Pill, Longmore, Scott Baker LJJ Citations:  EWCA Civ 1370 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Personal Injury, Damages Updated: 26 May 2022; … Continue reading Sowden v Lodge: CA 21 Oct 2004
A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised. Citations: Times 07-May-1997,  EWHC Admin 422 Links: Bailii Statutes: National Assistance Act 1948, National Assistance (Assessment of Resources) Regulations 1992 (1992 … Continue reading Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe): Admn 28 Apr 1997
Provision to asylum seekers denied other benefits of board and lodging must be in kind and not in cash Citations: Times 31-Jul-1997 Statutes: National Assistance Act 1948 21(1) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others CA … Continue reading Regina v Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others: QBD 31 Jul 1997
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
Judges: Mr Justice Lloyd Jones Citations:  EWHC 2950 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Croydon and Another v AW, A and Y, Regina (on the Application of) CA 4-Apr-2007 The authority appealed a finding that it was responsible to provide support to … Continue reading AW, Regina (on the Application of) v London Borough of Croydon; A D Y v London Borough of Hackney and Secretary of State for the Home Department: Admn 16 Dec 2005
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue. … Continue reading Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a … Continue reading In Re Z (Local Authority: Duty): FD 3 Dec 2004
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The court was asked which of two the local authorities should pay for the continuing care of a man now nearing 50 years of age who suffered severe brain injury in a road traffic accident in 2005. He lacked mental capacity and required 24 hours’ care. The issue of funding in turn depended upon the … Continue reading Neath and Port Talbot Council v Secretary of State for Health: Admn 31 Jul 2013
The parties were the parents of an illegitimate daughter. The child lived with the father at first, but the mother requested the child to be returned to her. The father agreed subject to a letter saying: ‘Mildred, I am prepared to let you have Carol and pay you up to andpound;1 per week allowance for … Continue reading Ward v Byham: CA 16 Jan 1956
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human Rights Act 1998 and as such a ‘public authority’ subject to Convention rights … Continue reading YL v Birmingham City Council and Others: HL 20 Jun 2007
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the . .
The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that . .
The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act.
Held: The 1948 Act . .
Application for judicial review to quash a number of decisions of the defendant that the claimant does not have a need for care and attention pursuant to section 1 of the 1948 Act and section 47 of the 1990 Act. . .
LRA Charges and Charging Orders – The Respondents have no arguable case in law on the facts alleged by them for contending that the Applicant was not entitled to declare a charge over the above property to secure . .
The claimant sought judicial review of the Council’s rejection of his request for assistance under the 1948 Act. He was a failed asylum seeker, who having been destitute, had become mentally ill.
Held: The applicant’s appeal succeeded. As to . .
The claimant was a severely disabled adult, entitled to assistance under the 1970 Act. He had been refused leave to bring judicial review of the decision as to the extent of that assistance.
Held: Leave was granted, and the court decided to . .
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines.
Held: In . .