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...
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 amended),...
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...
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...
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...
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...