R (Buckinghamshire CC) v Kingston upon Thames RBC [2011] EWCA Civ 457 (Pill, Patten, Munby LJJ): Buckinghamshire had asserted that Kingston was under a legal duty to consult with Buckinghamshire before providing community care assistance, which resulted in a care home resident moving into supported housing in the Buckinghamshire area and, consequently, becoming Buckinghamshire’s responsibility. […]
R (O) v Hammersmith & Fulham LBC [2011] EWHC 679 (Admin)(Blair J): although the local authority’s decision-making process had been lawful in the main, its conclusion, despite changed circumstances, that O should not be placed at a residential school with a 24-hour/52-week curriculum had been irrational and required to be reconsidered. Click here for the […]
The Office of the Public Guardian’s website has closed: Content on the OPG website is now available at www.direct.gov.uk/mentalcapacity. Information for professionals can be found at www.justice.gov.uk/about/opg.htm. This website contains orders made by the Court of Protection, the Mental Capacity Act Code of Practice, information about costs and other guidance. A v A Local Authority, […]
R (O) v Hammersmith & Fulham LBC [2011] EWHC 679 (Admin)(Blair J): although the local authority’s decision-making process had been lawful in the main, its conclusion, despite changed circumstances, that O should not be placed at a residential school with a 24-hour/52-week curriculum had been irrational and required to be reconsidered. Click here for the […]
Policy – DLA to be replaced by a ‘personal independence payment’ The government's proposal to replace disability living allowance (DLA) with a Personal Independence Payment (PIP)can be found in: 'Disability Living Allowance reform', (Cm 7984), (clck here for link) a consultation document, although the deadline for responses has passed. The figures Over 3 million people […]
Case Law ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4: Significant decision of the Supreme Court considering the best interest of children who are affected by the decision to remove or deport one or both of their parents from the UK. Although a case decided in the specific context of […]
R(on the application of Elaine McDonald) v Royal Borough of Kensington and Chelsea[2010] EWCA Civ 1109 (Rix, Wilson LJJ, Sir David Keene): The local authority breached a duty owed to the Claimant by failing to meet her assessed needs. However once her needs had been re-assessed, the provision made to meet her needs involved no […]
R (on the application of AC) (Appellant) v Berkshire West PCT (Respondent) & EHRC (Intervener) [2011] EWCA Civ 247 (Lord Neuberger of Abbotsbury MR, Sedley LJ, Hooper LJ): The Court of Appeal, in dismissing the appeal held that under the terms of its gender dysphoria policy, Berkshire West PCT had been entitled to refuse to […]
