NHS CONTINUING HEALTHCARE AND THE LAW A TALK BY STEPHEN KNAFLER QC KINGS FUND: LONDON 5THNOVEMBER 2010 COMMISSIONING RESPONSIBILITY AND BUDGETS Who pays: the NHS or the tortfeasor/insurance company? I’d like to start off by telling you about a case I was involved in very recently, on behalf of NHS Oldham: In R (Booker) v […]
R (on the application of Andrew Michael March) v Secretary of State for Health [2010] EWHC 765 (Admin) (Holman J): The claimant challenged a decision of the Secretary of State not to accept a recommendation of an independent inquiry into the supply of contaminated blood to NHS patients. In the 1970s and 1980s NHS patients […]
LC v DHIH & SOSJ & CUK [2010] UKUT 319 (AAC) (Levenson J): The Upper Tribunal held the Welsh MHT decision not to discharge the patient, following a deferred conditional discharge, was inadequately reasoned: (i) the MHT took account of matters to which it had not referred in its original decision; (ii) in relation to […]
Re MIG (Incapacitated Adult) and MEG (Incapacitated Minor), Surrey County Council v CA[2010] EWHC 785 (Fam) (Parker J): MIG (aged 18) is placed with a foster family. MEG (aged 17) is in a small residential home. They have moderate to severe learning disabilities. They are under continuous supervision and control and both lack capacity to […]
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 […]
R (Buckinghamshire CC) v Kingston RBC and others [2010] EWHC 1703 Admin (Wyn Williams J): local social services authority A was not under a legal duty to notify or consult with local social services authority B, before providing care services to a service user, that would result in the service user living in supported accommodation […]
Case Law R (SO) v Barking and Dagenham LBC [2010] EWCA EWCA Civ 1101 (Jacob LJ, Leveson LJ, Tomlinson LJ): "Other assistance" in S23C(4)(c) of the Children Act 1989 includes a power to provide acocmmodation. The local authority was not entitled to take into account the possibility of support from the National Asylum Support Service […]
RT v LT and a local authority[2010] EWHC 1910 Fam (Sir Nichols Wall, President): on the evidence a 23-year-old woman lacked the capacity under the Mental Capacity Act 2005 to decide where she should live and what contact she should have with members of her family. The President said: “I basically agree …… that what […]
