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...
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...
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...
‘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...
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...
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...
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"...
Care and attention v keeping a watch over
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...
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...
Accommodating ‘formerly relevant children’
SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101 I'm a bit slow in getting to this one (and the rest of our backlog). We're all more than a little busy. My apologies. This is the Court of Appeal hearing of...
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...