‘This was a case about determination of mental capacity, which both judge and counsel described as “particularly difficult and finely balanced”. The judge was confronted with a great deal of conflicting evidence about the capabilities of the individual in question, but concluded in the end that’
UK Human Rights Blog, 10th April 2014
Source: www.ukhumanrightsblog.com
Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80
‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’
WLR Daily, 18th February 2014
Source: www.iclr.co.uk
‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’
WLR Daily, 10th February 2014
Source: www.iclr.co.uk
“The House of Commons Health Committee has published a report (PDF) following its inquiries into the Mental Health Act 2007. The MHA 2007 introduced several amendments to the Mental Health Act 1983 (MHA, as amended), some of which were very controversial at the time and continue to be so now. The Health Committee’s report follows post-legislative scrutiny of the legislation by its parent department.”
UK Human Rights Blog, 14th August 2013
Source: www.ukhumanrightsblog.com
“A High Court judge has rejected claims that a council unlawfully decided to introduce a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.”
Local Government Lawyer, 12th August 2013
Source: www.localgovernmentlawyer.co.uk
“Hospitals that give false information about death rates will face unlimited fines under new powers aimed at preventing another Mid-Staffordshire-style health scandal.”
The Guardian, 10th May 2013
Source: www.guardian.co.uk
“This paper covers 5 topics:
(1) the Social Services (Wales) Bill;
(2) the Mental Health (Wales) Measure;
(3) the role of resources in decisions to provide services and challenges
to decisions about direct payments;
(4) challenges to decisions setting care home fees, and
(5) the relationship between community care and the best interests
jurisdiction.”
Full story (PDF)
11 KBW, 17th August 2012
Source: www.11kbw.com
“Legislation to change the funding of social care for elderly and disabled people in England could be introduced during this Parliament, Health Secretary Andrew Lansley has said.”
BBC News, 7th July 2012
Source: www.bbc.co.uk
” The privately-owned children’s home accused of failing to protect a victim of the Rochdale sex abuse ring is being investigated by standards watchdogs.”
The Independent, 16th May 2012
Source: www.independent.co.uk
“De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin).This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community Care Act 1990.”
UK Human Rights Blog, 15th May 2012
Source: www.ukhumanrightsblog.com
Regina (NM) v Islington Borough Council: [2012] EWHC 414 (Admin); [2012] WLR (D) 52
“When considering whether a duty of assessment of needs for community care services had arisen under section 47(1) of the National Health Service and Community Care Act 1990 the interpretation of the words ‘may be in need of any such services’ covered both cases of present need and a narrow penumbra of cases of reasonably predictable future need.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
“Cynthia Bower, chief executive of the Care Quality Commission, announced it was ‘time to move on’ as the Department of Health announced a review of the organisation she heads, which has been beset by low morale, lack of funds and board level disputes.”
The Independent, 24th February 2012
Source: www.independent.co.uk
Basey and others v Oxford City Council [2012] EWCA Civ 115; [2012] WLR (D) 34
“Since the social security and housing legislation had not defined what ‘sheltered accommodation’ was, it was not legitimate for a housing authority to claim that a sheltered accommodation should have a warden or resident caretaking manager and emergency alarm to qualify as such to impose an obligation on the housing authority to pay the costs of fuel and cleaning of the rooms and windows of the housing benefit tenants living in the accommodation. Therefore, a special needs adult living in a four-bedroom property with three other special needs tenants each occupying a bedroom and sharing a kitchen, bath room, two toilets and two sitting rooms, provided with 24-hour care and support supervision staff to meet the tenants’ needs, was a sheltered accommodation such as to oblige the housing authority to pay the costs of fuel and cleaning expenses as part of the rent out of the housing benefit.”
WLR Daily, 15th February 2012
Source: www.iclr.co.uk
“A blind man’s care funding battle with a local authority raises ‘important and profound’ issues for disabled people, the supreme court has been told.”
The Guardian, 7th February 2012
Source: www.guardian.co.uk
“A pensioner who lives in a care home launches a High Court bid today (Wednesday) to stop his local health authority from handing an £80 million-a-year contract to a private body.”
Daily Telegraph, 8th February 2012
Source: www.telegraph.co.uk
“The supreme court is about to hear another case that cuts to the heart of human dignity in care services.”
The Guardian, 2nd February 2012
Source: www.guardian.co.uk
“Two disabled men who faced losing their right to care won a landmark High Court case yesterday over cost cutting by their council. It was the latest in a series of rulings that threatens to disrupt the Government’s attempts to slash local authority spending.”
The Independent, 12th November 2011
Source: www.independent.co.uk
“Two severely disabled adults have won a landmark high court battle over cost-cutting by their local authority when a judge ruled that Isle of Wight council’s plans to reduce its adult social care budget are unlawful.”
The Guardian, 11th November 2011
Source: www.guardian.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Local councils have been given the green light by the courts to cut social care services to elderly and disabled people previously assessed by law as needing them.”
The Guardian, 4th November 2010
Source: www.guardian.co.uk
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