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 Shoaib ‘was able to look after himself’ and therefore not in need of s.21 support.
Mr Shoaib sought judicial review on grounds that:
1. the social worker had misdirected himself in law by limiting the definition of care and attention.
2. further investigation should have been carried out into Mr Shoaib’s medical condition. The effect on the frequency, severity and impact of his epilepsy should support be refused had not been properly taken into account.
Held
1. The social worker had not misdirected himself but applied the correct test, i.e. whether the person concerned needed things to be done for him which he could/should not be able to do for himself. There was ample material to indicate the claimant could look after himself.
2. The claimant’s medical condition was not at the serious end of the spectrum and would not have warranted s.21 support even if it had been fully brought to the social worker’s attention.
Claim dismissed.