Tag Archive for 'National Assistance Act'

‘Not otherwise available’

By NL on 14/08/2011. 3 Comments

SL v Westminster City Council & Ors [2011] EWCA Civ 954

This is a significant judgment by the Court of Appeal on the ambit of s.21(1)(a) National Assistance Act 1948. It addresses the interrelation of ‘care and attention’ and the provision of accommodation. While the decision does not follow the Local Authorities’ demand that ‘care and attention’ must be such that it cannot be provided otherwise than by provision of accommodation, it does moderate, or limit, the division of asylum seekers (and failed asylum seekers) into the able bodied, for whom any assistance was only by NASS (now UKBA), and the infirm, who fell under s.21(1)(a).

The High Court judgment … Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , .

Someone to watch over me

By NL on 12/05/2011. 1 Comment

R (Nassery) v London Borough of Brent [2011] EWCA Civ 539

This was the appeal of a judicial review of Brent’s decision on provision of care and accommodation under section 21 National Assistance Act 1948.

Mr N was an Iranian asylum seeker (granted indefinite leave to remain during the course of the case). He suffered from mental illness. In late 2008 he had applied for assistance under s.21. Although he had subsequently become eligible for housing assistance under Part 7 Housing Act 1996, he did not consider that the provision of accommodation alone under HA 1996 would be suitable, so no homeless application had been made and no decision as … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , .

Care and attention v keeping a watch over

By NL on 10/01/2011. 0 Comments

SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin)

A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as amended), with the complication that NASS had accepted a duty to accommodate in the meantime.

SL was an Iranian asylum seeker. He sought asylum on the basis that he was gay and faced persecution in Iran. His application was rejected, but he made a fresh application which is not yet determined (and the approach of UKBA may have been changed by HJ Iran v Secretary of State for … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , .

He can look after himself

By NL on 22/06/2009. 0 Comments

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

Posted in Community care, FLW case note and Housing law - All. Tags: , , , , .

Partly closed loophole

By chief on 02/12/2008. 0 Comments

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

… Read the full post

Posted in Community care and Housing law - All. Tags: , , .

Care home closures and right to life

By NL on 08/10/2008. 0 Comments

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

… Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , , , , .

Care and Attention

By NL on 03/08/2008. 0 Comments

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

… Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , , , , , .
row of sheds footer image
1 pages