This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson's view on JR costs, the Court of Appeal...
Care needs, eligibility and human rights
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) This was a judicial review of RBK&C's refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment...
“About to be in need” and prospective care assessment
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and...
R (R) v Croydon LBC – A call for information
In R. (R) v Croydon LBC, February 10, 2012, Administrative Court [not on bailii - taken from a lawtel note] the Administrative Court was asked to determine whether the applicant was a former relevant child for the purposes of s.23C Children Act 1989. The...
When Age is Not Just a Number Part II
Hot on the heels of the KN v Barnet report is the Court of Appeal judgement in R (CJ) v Cardiff CC [2011] EWCA Civ 1590 (judgement handed down on 20/12/2011). The High Court proceedings were reported here. The important aspect of this appeal is the way the...
When Age is Not Just a Number
Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet [2011] EWHC 2019 (Admin) was heard as long...
Mental Capacity Act and Tenancy: An open question
I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law mavens...
‘Not otherwise available’
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...
Someone to watch over me
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...
Only Connect
TG, R (on the application of) v London Borough of Lambeth (Shelter Intervening) [2011] EWCA Civ 526 The disconnection between Local Authority Social Services and housing departments has been a frequent topic here and in the courts, not least in the House of...
My place, not yours
R (MK & Anor) v Secretary of State for the Home Department (2011) CA (Civ Div) 14/4/2011 [Not on bailii, only a case note on lawtel]. Sorry to be late getting to this one, I was hoping that a full transcript would become available. It hasn't so I'm relying...
A (further) symbolic consultation
Readers of my previous notes of the "consultation" exercises undertaken by the coalition government will readily appreciate that I am not the best person to write about a further symbolic consultation, being lead by DCLG, on what it terms "burdens" (indeed,...