Application for permission to seek judicial review of a decision in a letter from the Council’s solicitor, to refuse to accommodate the claimant pursuant to duties under section 21(1)(a) of the National Assistance Act 1948.
Held: The claim failed. Important as was the social work support to SL’s well being, it did not amount to ‘care and attention’ for the purposes of section 21(1)(a) of the 1948 Act: ‘To suggest that the claimant needs ‘looking after’ would stretch the meaning of those words beyond their proper limit. In my judgment, it would be more accurate to say that the support that the claimant needs amounts to keeping an eye on him. That is a rather different matter. It imports the notion that whilst keeping an eye on him, if circumstances change, different or further interventions might become necessary. It is not, however, in my view, care and attention.’
Judges:
Burnett J
Citations:
[2010] EWHC 3182 (Admin)
Links:
Statutes:
National Assistance Act 1948 21(1)(a)
Cited by:
Appeal from – SL v Westminster City Council and Others CA 10-Aug-2011
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 . .
At first instance – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .
Lists of cited by and citing cases may be incomplete.
Local Government, Housing
Updated: 31 August 2022; Ref: scu.427391
