2010 10 Adult Care

Monday 1 November 2010

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R (Buckinghamshire CC) v Kingston RBC and others [2010] EWHC 1703 Admin (Wyn Williams J): local social services authority A was not under a legal duty to notify or consult with local social services authority B, before providing care services to a service user, that would result in the service user living in supported accommodation in the area of authority B and most likely becoming its responsibility. However, local authority A ought to check with the local housing benefit authority area for the relevant area, to ascertain whether housing benefit would cover the rent. Note that the Judge granted Buckinghamshire leave to appeal and they have appealed, although the date for the appeal hearing has not been fixed. Click here for the transcript.

R (Mwanza) v Greenwich LBC and another [2010] EWHC 1462 Admin (Hickinbottom J): the duty under section 117 of the Mental Health Act 1983 does not require the relevant authorities to provide a former patient with any and all services (e.g. accommodation, or employment opportunities) simply because those services do or may prevent deterioration or relapse of a mental condition requiring readmission. An after-care service must be a service that is necessary to meet a need arising from a person’s mental disorder (as distinguished from an ordinary need for accommodation or employment). In practice, the assessment of needs may give rise to difficult issues. However, it is for the relevant authorities to make their own assessment and reach their own decision about what needs a person has; they then have a wide discretion as to what if any services are required to meet such needs. In this particular case, the local authority had, in any event, lawfully discharged or terminated their responsibilities towards the Claimant under section 117 of the 1983 Act. Further, on the facts, there was no obligation to provide accommodation under section 21 of the National Assistance Act 1948: the test in R(M) v Slough [2008] UKHL 52, [2008] 1 WLR 1808 was not met. Click here for the transcript.

West Sussex CC v Amberley (UK) Ltd and another [2010] EWHC 651 QB (Field J): section 50 of the Health and Social Care Act 2001 did not require a local authority to provide a qualifying person, namely an individual with preserved rights benefits, with community care services with respect to his accommodation unless it had agreed the rates that were to be paid for such services. Click here for the transcript.

R (Savva) v Kensington & Chelsea RLBC [2010] EWHC 414 Admin (HHJ David Pearl): a social services authority was entitled to use a resource allocation scheme to assist it to determine the level of a personal budget. However, it was under a common law duty to give reasons explaining in a precise and clear manner why the authority was satisfied that the budget was sufficient to meet the individual's assessed needs. Click here for the transcript.

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