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 (2013) UKSC 27, (2013) MHLO 45 — "The short issue raised by this appeal is whether the respondent (SL), a failed asylum-seeker, was at the relevant time in need of 'care and attention', requiring the provision of accommodation by the local authority under section 21(1)(a) of the National Assistance Act 1948. Burnett J decided that he was not, but that decision was reversed by the Court of Appeal ... I consider that Burnett J reached the right result for substantially the right reasons." [Summary required.]	2013-05-11	2013 cases, Community care, No summary, Transcript
R (Chatting) v Viridian Housing (2012) EWHC 3595 (Admin), (2012) MHLO 177 — "This litigation arises out of what may be loosely called the reorganisation by Viridian Housing, the charity which owns the premises, of the arrangements for the provision of care to residents of the building in which Miss Chatting lives. ... On behalf of Viridian Housing, Mr Christopher Baker urged upon me that the relief sought against his client – namely, declarations that in transferring responsibility for Miss Chatting's care to another organisation Viridian were in breach of a compromise agreement made in earlier litigation and had infringed article 8 of the European Convention on Human Rights – was academic and should not in any event be granted. On behalf of Miss Chatting Mr Stephen Cragg pursued claims for those declarations, as well as a declaration that Wandsworth Borough Council had acted unlawfully in its management of the transfer of Miss Chatting's care, in that it had failed to ensure that care was provided to her in a way that meets her assessed needs and takes ..→	2013-03-28	2012 cases, Community care, No summary, Other capacity cases, Transcript
R (Cornwall Council) v SSH (2012) EWHC 3739 (Admin), (2012) MHLO 162 — PH was a young man born with significant learning and physical disabilities. The Secretary of State decided that when he turned 18 he was ordinarily resident under the NAA 1948 in Cornwall, where his parents lived, despite his physical presence elsewhere. The court held that the Secretary of State had lawfully applied the test in Vale relevant to a person who is so severely handicapped as to be totally dependent upon a parent or guardian (termed 'test 1' in the guidance), which states that such a person is in the same position as a small child and his ordinary residence is that of his parents or guardian because that is his base.	2013-01-10	2012 cases, Brief summary, Community care, Transcript
R (Okil) v LB Southwark (2012) EWHC 1202 (Admin), (2012) MHLO 122 — Community care case with immigration and mental health background. [Summary required.]	2012-12-17	2012 cases, Community care, No summary, Transcript
Davis v West Sussex County Council (2012) EWHC 2152 (QB), (2012) MHLO 83 — At a safeguarding vulnerable adults case conference the local authority determined that certain allegations of abuse at a care home were substantiated or inconclusive, made recommendations, and decided to refer three members of staff to their professional bodies. The claimants sought judicial review of the decisions (and of a subsequent Default Notice, although this was not pursued). (1) The local authority's procedure was unfair, in breach of the rules of natural justice, its own guidance (based on government guidance), and legitimate expectations - a precis cannot do justice to how disgraceful the procedure was. (2) Two defences, arguing that no public law rights arose, failed: (a) there was no respect in which the duty to protect vulnerable adults conflicted with the less pressing obligation to treat other parties affected in a just manner; (b) there was a sufficient public flavour to make the process of investigation and decision a public function distinct from the contractual ..→	2012-08-31	2012 cases, Brief summary, Community care, Transcript
R (KM) v Cambridgeshire CC (2012) UKSC 23, (2012) MHLO 57 — "In the proceedings, brought by way of judicial review, the appellant challenges a determination made by Cambridgeshire County Council and communicated, at the latest, by a letter dated 3 June 2010 to pay him (in round numbers and as an annual sum) £85k in discharge of its duties to him under section 2(1) of the Chronically Sick and Disabled Persons Act 1970. He contends that the determination was unlawful either because it was not adequately supported by reasons or because it was irrational. He asks that the determination be quashed and either that Cambridgeshire should conduct a re-determination of it or that the court should itself substitute for it a determination that the annual sum payable to him be £120k." [Summary required.]	2012-06-21	2012 cases, Community care, No summary, Transcript
R (NM) v LB Islington (2012) EWHC 414 (Admin), (2012) MHLO 11 — Unsuccessful application for judicial review of a decision by the Social Services Department of the council not to conduct a needs assessment under s47 NHSCCA 1990 with a view to provision of accommodation and support services to the claimant if he is released from prison. Includes consideration of whether the Convention on the Rights of Persons with Disabilities can be relied upon.	2012-03-01	2012 cases, Community care, Detailed summary, Transcript
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.	2008-09-21	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