Archive for the 'community care' Category

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court ruling clears way for councils to cut social care services – The Guardian

“Local councils have been given the green light by the courts to cut social care services to elderly and disabled people previously assessed by law as needing them.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Personal Care at Home Act 2010

Personal Care at Home Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Medics ‘flout’ community care law – BBC News

“The government seriously underestimated the number of psychiatric patients who would need to be forced to take medication, the BBC has learned.”

Full story

BBC News, 29th September 2009

Source: www.bbc.co.uk

Council told to pay family for disabled woman’s care – The Guardian

“A council is today told to pay a family compensation of almost £100,000 for failing to arrange suitable care for a disabled young woman, in a ruling that will sound alarm bells in town halls across the country.”

Full story

The Guardian, 3rd August 2007

Source: www.guardian.co.uk


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