Category: judicial review

Regina (St Helens Borough Council) v Manchester Primary Care Trust and Another

Court of Appeal

“The decision whether the care needs of a woman who required constant and expensive care should be met by the health service or by social services was one for the primary care trust acting on behalf of the Secretary of State for Health. That decision was capable of challenge by judicial review, but the social services authority did not have the power to reach its own decision.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

R (St Helens Borough Council) v Manchester Primary Care Trust and another [2008] EWCA Civ 931; [2008] WLR (D) 288

“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.”

WLR Daily, 11th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.