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
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
“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
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Law Commission today holds out the prospect of the first comprehensive reform of social care law for more than half a century. Announcing a formal review of what it calls ‘a confusing patchwork of conflicting statutes’, the commission says it aims to recommend a more coherent structure – preferably in the form of a single act of parliament.”
The Guardian, 11th June 2008
Court of Appeal
“While Parliament had given social workers wide powers, which they must not abuse, they had to remember that the court was the ultimate arbiter of what was in the best interests of a child.”
The Times, 9th May 2008
Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.