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 […]
Re AVS; CS v A NHS Foundation Trust [2010] EWHC 2746 (COP) (Sir Nicholas Wall P): AVS suffered from CJD and at a previous hearing it had been declared that he lacked capacity to instruct solicitors or make medical decisions. The best interests question was: 'is it in AVS's bests interests that PPS treatment continues […]
(Click here for judgment. Jan Luba Q.C. and Shu Shin Luh of Garden Court Chambers represented the appellant.) By Shu Shin Luh and Zubier Yazdani, Pierce Glynn Solicitors On 1st February 2011, the Court of Appeal handed down its judgment in R (FZ) v LB of Croydon [2011] EWCA Civ 59 and found in favour […]
Seal v UK (App no: 50330/07): European Court of Human Rights (7 December 2010): The claimant had brought a claim against the police as a result of the police exercising powers under section 136 Mental Health Act 1983 as amended (“the MHA 1983”) which inter alia included claims for assault and trespass to the person. […]
Manchester City Council v Pinnock and EHRC [2010] UKSC 45: The court held that the ECtHR jurisprudence established that: any person at risk of being dispossessed of his home at a local authority's suit should in principle have the right to question the measure's proportionality under article 8 ECHR, even if his right of occupation […]
Secretary of State for Work and Pensions v Taous Lassal, Child Poverty Action Group (intervening) C-162/09, CJEU (Third Chamber) (K. Lenaerts, President of the Chamber, R. Silva de Lapuerta (Rapporteur), G. Arestis, J. Malenovský and T. von Danwitz): The European Court of Justice held that articles 16(1) and 16(4) of Directive 2004/38/EC must be interpreted […]
Will your local authority ratify the Protocol? The time for decisions is nigh! On the 2ndJuly 2010, the National Executive Council of the Association of Directors of Adult Social Services (“ADASS”) approved a National Protocol on Ordinary Residence Arrangements for People Moving Between Local Authority Areas(“the Protocol”) (together with FAQand an Advice Note). Through ADASS […]
HAPPY NEW YEAR FROM THE SOCIAL WELFARE LAW GROUP AT GARDEN COURT! R (KM) v Cambridgeshire CC [2010] EWHC 2065 (Admin)(HHJ Bidder QC): It was lawful to assess the needs of an individual and then to translate those assessed needs into an appropriate level of funding, that is thought will reasonably meet those needs, via […]
