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Category:Community care
From Mental Health Law Online
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The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summary
Date added to site
Categories
SL v Westminster City Council (2011) EWCA Civ 954
—
On the true meaning of section 21(1)(a) of the
National Assistance Act 1948
, as amended, an asylum seeker suffering from depression and mental health difficulties who had been granted indefinite leave to remain was entitled to residential accommodation if the local authority had provided a programme of assistance and support to him through a care co-ordinator, since such provision of assistance would be otiose without the additional provision of housing.
[Summary from WLR (D).]
2011-08-13
2011 cases
,
Community care
,
Detailed summary
,
Transcript
R (McDonald) v Royal Borough of Kensington and Chelsea (2011) UKSC 33
— 'This appeal concerns the question of whether the Respondent Royal Borough acted unlawfully in seeking to amend the Appellant’s care package by substituting her nighttime carer with provision of incontinence pads or absorbent sheets when the Appellant is not in fact incontinent.' (from Supreme Court press summary)
2011-07-20
2011 cases
,
Community care
,
No summary
,
Transcript
R (KM) v Cambridgeshire CC (2011) EWCA Civ 682
—
(1) The assessment of needs was adequate. (2) There has to be a rational link between the needs and the assessed direct payments, but there does not need to be a finite absolute mathematical link, so the use of the Resource Allocation System (RAS) was lawful. (3) The explanation of the personal budget figure was rational.
2011-06-22
2011 cases
,
Brief summary
,
Community care
,
Transcript
R (Nassery) v LB Brent (2011) EWCA Civ 539
—
The judge was not in error in refusing to set aside the decision of the respondent local authority that the appellant was not entitled to support under section 21(1) of the
National Assistance Act 1948
.
2011-05-26
2011 cases
,
Brief summary
,
Community care
,
Transcript
R (W) v Birmingham City Council (2011) EWHC 1147 (Admin)
—
Of the four bands (low, moderate, severe, critical), the council decided to cease adult social care funding for needs which were assessed to be severe; the decision only to fund critical needs was unlawful.
2011-05-23
2011 cases
,
Brief summary
,
Community care
,
Transcript
Buckinghamshire CC v RB of Kingston upon Thames (2011) EWCA Civ 457
—
Where a person is accommodated under s21
NAA 1948
by authority A in area B, the person is deemed still to be ordinarily resident in area A only until he moves out of s21 accommodation (in this case, into supported housing). When assessing under s47
NHSCCA 1990
, authority A owes no duty of fairness to area B and there is no duty to consult: the duty is to the person concerned; the role of authority B, as payers for the service, is essentially incidental.
2011-04-30
2011 cases
,
Brief summary
,
Community care
,
Transcript
R (Woods) v Rochdale MBC (2009) EWHC 323 (Admin)
— Unsuccessful JR of alleged failure to comply with obligations under the
NHS and Community Care Act 1990
to assess the claimant's needs and to provide the resources to meet those needs. [Summary required.]
2011-03-30
2009 cases
,
Community care
,
No summary
,
Transcript
R (Nassery) v LB Brent (2010) EWHC 2326 (Admin)
—
The claimant unsuccessfully challenged decisions that he did not have a need for care and attention pursuant to s1 NAA 1948 and s47 NHSCCA 1990; the challenge was on the basis that the decisions failed to have regard to, or give good reasons for rejecting, evidence that he needed looking after because of the continued risk of self‑harm or violence arising out of mental health problems (a subsidiary issue was raised about his ability to cook).
2010-09-23
2010 cases
,
Brief summary
,
Community care
,
Transcript
Watts v UK 53586/09 (2010)
—
The challenge to a care home closure, based on Articles 2, 3, 8 and 14, was declared inadmissible.
2010-06-03
2010 cases
,
Brief summary
,
Community care
,
Transcript
R (Southall) v Dudley PCT (2009) EWHC 1780 (Admin)
—
The defendant elected to go to a more expensive home for a continuing care package than the one that the PCT offered. The PCT entered into a contract with the care home operator at the lower rate, which would have been appropriate for the other care home on the same overall site, and the patient funded the difference. The patient then challenged the legality of this top up. The Court found that the PCT's refusal to pay in full for the claimant's continuing care package at the more expensive home was reasonable, and that the arrangement was lawful. There was no breach of article 8 in the patient having to choose between making a payment of top-up fees or having to move to the less expensive care home. The claim for Judicial Review was therefore dismissed.
2009-12-23
2009 cases
,
Brief summary
,
Community care
,
Transcript
R (Manchester City Council) v St Helens Borough Council (2009) EWCA Civ 1348
—
PE had voluntarily moved from St Helens to Manchester and, following the Secretary of State's decision that she was now ordinarily resident there, St Helens decided to stop funding her community care services. (1) Under s29
National Assistance Act 1948
a local authority is under a duty to provide services to those ordinarily resident in its area. (2) St Helens had a power to pay but the exercise of this power did not give rise to a duty or negate Manchester's duty, or give rise to any legitimate expectation.
2009-12-23
2009 cases
,
Brief summary
,
Community care
,
Transcript
Re Robertson (Application for Judicial Review of a decision of Fife Council) (2001) ScotCS 94
— "This case concerns the controversial subject of the provision of and payment for nursing home care for the elderly and infirm." [Summary required.]
2009-11-30
2001 cases
,
Community care
,
No summary
,
Scottish cases
,
Transcript
R (Turner) v Southampton City Council (2009) EWCA Civ 1290
—
Unsuccessful challenge to the closure of care homes on
Article 2
grounds: the test of a "real and immediate risk" is one that is not readily satisfied, in other words the threshold is high; the evidence in this case fell far short of the threshold. Interesting post-script to judgment, critical of solicitor and her repeated similar claims.
2009-11-27
2009 cases
,
Brief summary
,
Community care
,
Transcript
R (Heather) v Leonard Cheshire Foundation (2001) EWHC Admin 429
— Care home closure. [Summary required.]
2009-10-31
2001 cases
,
Community care
,
No summary
,
Transcript
R (Heather) v Leonard Cheshire Foundation (2002) EWCA Civ 366
— Care home closure. [Summary required.]
2009-10-31
2002 cases
,
Community care
,
No summary
,
Transcript
R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2002) EWHC 181 (Admin)
— Closure of residential accommodation. [Summary required.]
2009-10-31
2002 cases
,
Community care
,
No summary
,
Transcript
R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2001) EWHC Admin 479
— Closure of residential accommodation. [Summary required.]
2009-10-31
2001 cases
,
Community care
,
No summary
,
Transcript
R (C) v Lincolnsire Health Authority (2001) EWHC Admin 685
— [Summary required.]
2009-10-30
2001 cases
,
Community care
,
No summary
,
Transcript
Bristol City Council v AW (2009) UKUT 109 (AAC)
— Housing and council tax benefits. [Summary required.]
2009-10-08
2009 cases
,
Community care
,
No summary
,
Transcript
,
Upper Tribunal decisions
Magowan, Re Judicial Review (2009) NIQB 6
— Unsuccessful judicial review of failure of social services to make arrangements which would have allowed discharge from hospital.
2009-04-12
2009 cases
,
Community care
,
No summary
,
Northern Irish cases
,
Transcript
Jain v Trent Strategic Health Authority (2009) UKHL 4
— Unsuccessful negligence claim relating to the cancellation of nursing home registration.
2009-04-12
2009 cases
,
Community care
,
No summary
,
Transcript
Jain v Trent Strategic Health Authority (2007) EWCA Civ 1186
— Unsuccessful negligence claim relating to the cancellation of nursing home registration.
2009-04-12
2007 cases
,
Community care
,
No summary
,
Transcript
R (Johnson) v London Borough of Havering; R (YL) v Birmingham City Council (2007) EWCA Civ 26
—
A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
2008-12-28
2007 cases
,
Brief summary
,
Community care
,
Transcript
R (Johnson) v London Borough of Havering (2006) EWHC 1714 (Admin)
—
A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
2008-12-28
2006 cases
,
Brief summary
,
Community care
,
Transcript
St Helens Borough Council v Manchester PCT, re PE (2007) EWHC 2391 (Admin)
—
The decision of the funding panel that PE was not eligible for fully funded NHS care was not arguably flawed on public law grounds.
2008-12-08
2007 cases
,
Brief summary
,
Community care
,
Permission hearings
,
Transcript
R (N) v Coventry City Council (2008) EWHC 2786 (Admin)
— "This case concerns the assessment by Coventry City Council of the claimant's needs under section 47 of the
National Health Service and Community Care Act 1990
and its decision to refuse him support under section 21 of the
National Assistance Act 1948
. It turns, in particular, on the meaning of "care and attention" in section 21, as interpreted by the House of Lords recently, and the ambit of
Article 3
ECHR in the context of community care legislation." (para 1)
2008-11-25
2008 cases
,
Community care
,
No summary
,
Transcript
St Helens Borough Council v Manchester PCT, re PE (2008) EWCA Civ 931
—
It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse.
2008-10-10
2008 cases
,
Community care
,
Detailed summary
,
Permission hearings
,
Transcript
R (Chavda) v London Borough of Harrow (2007) EWHC 3064 (Admin)
—
The decision of the Defendant to restrict adult care services to people with critical needs only was unlawful, since the decision-making process did not comply with the Defendant's Disability Equality Duty under s49A Disability Discrimination Act 1995.
2008-09-20
2007 cases
,
Brief summary
,
Community care
,
Transcript
YL v Birmingham City Council (2007) UKHL 27
—
A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
2007-07-17
2007 cases
,
Brief summary
,
Community care
,
Transcript
Article titles
The following 29 pages are in this category.
B
Bristol City Council v AW (2009) UKUT 109 (AAC)
Buckinghamshire CC v RB of Kingston upon Thames (2011) EWCA Civ 457
J
Jain v Trent Strategic Health Authority (2007) EWCA Civ 1186
Jain v Trent Strategic Health Authority (2009) UKHL 4
M
Magowan, Re Judicial Review (2009) NIQB 6
R
R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2001) EWHC Admin 479
R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2002) EWHC 181 (Admin)
R (C) v Lincolnsire Health Authority (2001) EWHC Admin 685
R (Chavda) v London Borough of Harrow (2007) EWHC 3064 (Admin)
R (Heather) v Leonard Cheshire Foundation (2001) EWHC Admin 429
R cont.
R (Heather) v Leonard Cheshire Foundation (2002) EWCA Civ 366
R (Johnson) v London Borough of Havering (2006) EWHC 1714 (Admin)
R (Johnson) v London Borough of Havering; R (YL) v Birmingham City Council (2007) EWCA Civ 26
R (KM) v Cambridgeshire CC (2011) EWCA Civ 682
R (Manchester City Council) v St Helens Borough Council (2009) EWCA Civ 1348
R (McDonald) v Royal Borough of Kensington and Chelsea (2011) UKSC 33
R (N) v Coventry City Council (2008) EWHC 2786 (Admin)
R (Nassery) v LB Brent (2010) EWHC 2326 (Admin)
R (Nassery) v LB Brent (2011) EWCA Civ 539
R (Southall) v Dudley PCT (2009) EWHC 1780 (Admin)
R cont.
R (Turner) v Southampton City Council (2009) EWCA Civ 1290
R (W) v Birmingham City Council (2011) EWHC 1147 (Admin)
R (Woods) v Rochdale MBC (2009) EWHC 323 (Admin)
Re Robertson (Application for Judicial Review of a decision of Fife Council) (2001) ScotCS 94
S
SL v Westminster City Council (2011) EWCA Civ 954
St Helens Borough Council v Manchester PCT, re PE (2007) EWHC 2391 (Admin)
St Helens Borough Council v Manchester PCT, re PE (2008) EWCA Civ 931
W
Watts v UK 53586/09 (2010)
Y
YL v Birmingham City Council (2007) UKHL 27
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:
Case law - by subject matter
This page was last modified at 13:35 on 5 October 2008. Page credits:
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