R (W) v Birmingham CC [2011] EWHC 1147 Admin (Walker J): the council’s decision to restrict eligibility for adult care services to critical needs only had been unlawful because (1) in breach of section 49A of the Disability Discrimination Act 1995, the material provided to decision makers contained no attempt to assess the likely adverse […]
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 […]
R (Nassery) v Brent LBC [2011] EWCA Civ 539 (Ward, Arden, Moore-Bick LJJ): the council had reached a rational conclusion that, whilst the claimant might require care and attention in the future on account of a deterioration in his fragile mental health, he did not have any current need for care and attention, for example […]
Case Law In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant was profoundly physically and mentally disabled from birth. Her parents took out a loan in order to have an annex specially constructed for her. A claim for Housing Benefit (‘HB’) was made because they could not afford to continue providing […]
R (Nassery) v Brent LBC [2011] EWCA Civ 539 (Ward, Arden, Moore-Bick LJJ): the council had reached a rational conclusion that, whilst the claimant might require care and attention in the future on account of a deterioration in his fragile mental health, he did not have any current need for care and attention, for example […]
W & M v S, A NHS Primary Care Trust and Times Newspapers Ltd [2011] EWHC 1197 (COP) (Baker J): M was in a minimally conscious state. Her mother, W, had applied to the Court of Protection for approval of the withdrawal of artificial nutrition and hydration. The application was to be heard on 18 […]
In the light of some recent cases, one might be forgiven for thinking that cuts in social services are in breach of equality law. Clearly, that is not the case. However, what equality law does, essentially, is to require local authorities to think carefully about the needs of the disabled, the elderly and others before […]
1. The case involved a foreign national prisoner who had made an illegal entry to the United Kingdom and had remained here without leave for many years. Whilst here she had committed a number of crimes including the supply of Class A drugs. She had also worked without permission and used deception to avoid immigration […]
