Not telling you..

R (WG) v Local Authority A [2010] EWHC 2608 (Admin) [Not on Bailii yet]

This is a downright odd case, an application for judicial review where the Claimant’s solicitors came off the record at hearing, Claimant’s counsel (the in-the-circumstances heroic Zia Nabi), was left without instructions but felt duty bound to make submissions on the relevant law, where the Defendant Council had been trying to do more or less what it was supposed to do, and where the Claimant refused to be identified, even to the Court.

As far as I can tell, this is a sequel to AB v (A Council), a Court of Appeal homelessness case in … Read the full post

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Care Home closure – not admissible to ECtHR

Louisa WATTS v the United Kingdom – 53586/09 [2010] ECHR 793

This was the admissibility hearing of a case brought by Yvonne Hossack on the closure of a care home by Wolverhampton BC and transfer of the residents to other care homes. Ms Watts was a resident in the home. She is 106 ears old and became a resident 5 years ago when she could no longer manage independent living. Ms Watts had sought judicial review of the decision to close the home on the basis of Articles 2, 8 and 14 of the convention and seeking an injunction preventing the closure without a prior report from an expert psychiatrist … Read the full post

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He can look after himself

R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib.

Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS support (as it was then). A fresg asylum claim was made and Newham decided to provide s.21 support. Mr Shoaib suffered from epilepsy. His support was reviewed on a number of occasions. On the last occasion, the social worker, who had not had details of Mr Shoaib’s medical condition provided to him, decided that Mr … Read the full post

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Partly closed loophole

As the case of YL v Birmingham has been the subject of some comment on Nearly Legal I thought that readers may be interested to know that the Health and Social Care Act 2008 (Commencement No. 4) Order 2008 SI 2008/2994 has brought s. 145 of the Health and Social Care Act 2008 into force.  Section 145 is designed to close part of the YL loophole:

145 Human Rights Act 1998: provision of certain social care to be public function

(1) A person (“P”) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions

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Care home closures and right to life

Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) was a judicial review of the decisions by Coventry and Havering councils to close care homes with elderly residents suffering from dementia or physical disability. The cases were joined and rolled up into a permission and substantive hearing. Ms Hossack acted as solicitor-advocate for the Claimants.

The Claimants pleaded both Article 2 – right to life and Wednesbury unreasonableness.

In relation to art 2, the applicants submitted that

the published medical literature and two expert reports produced to the court on behalf of the claimants established that there was a statistically demonstrable increase

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Care and Attention

R (on the application of M) (FC) (Respondent) v Slough Borough Council [2008] UKHL 52 is a House of Lords case concerning Local Authority obligations under the National Assistance Act 1948, and specifically when the authority is obliged to arrange and pay for accommodation.

The facts of the case are that M, a 42 year old Zimbabwean, subject to immigration control and HIV positive had applied to Slough BC for assistance under the National Assistance Act. He has subsequently become eligible for housing assistance by NASS, pending an appeal against return.

M’s needs stated needs are

other than for a home and subsistence, are for medication prescribed by his

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