2013 10 Adult Care

Friday 1 November 2013

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R (Bhatti) v Bury MBC[2013] EWHC 3093 Admin (HHJ Pelling QC): in a case where proceedings were settled on the basis that the local authority would complete a fresh community care and financial assessment, unless the circumstances were exceptional, the appropriate course was for a claimant aggrieved by the fresh assessments to issue a fresh application for judicial review, not to seek to re-instate the earlier claim. This was not the same as a case where, in response to an application for judicial review, a Defendant substituted its decision with a decision that raised, in substance, the same points, or a common issue of general importance, in which type of case, it could be appropriate for the claimant simply to seek permission to amend, In any event, in this particular case, applying R (F and others) v Wigan Borough Council [2009] EWHC 1626 Admin, the issues were primarily factual and should have been aired by way of a complaint under the Local Authority Social Services and National Health Service (Complaints) Regulations 2009. Click here for the judgment.

R (T) v Sheffield CC[2013] EWHC 2953 Admin (Turner J): the local authority’s decision to stop paying subsidies to 20 nurseries in its area was thorough, conscientious and lawful. There had been lawful and thorough consultation and the authority had taken into account both its Best Value obligation and the social value of the nurseries, which operated in deprived areas. The authority had, also, carried out an equalities impact assessment which, in substance, addressed what risks might flow from the termination of subsidies and the question of mitigation. It was not appropriate to subject the risk analysis to detailed analysis, applying R (Bailey) v Brent LBC[2011] EWCA Civ 1586 at paragraph 102, R (Hunt) v North Somerset Council [2012] EWHC 1928 Admin at paragraphs 94 and 98, R (Greenwich Community Law Centre) v Greenwich London Borough Council [2012] EWCA Civ 496 at paragraph 30: R (Moore) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 Admin at paragraphs 77 and 78 andR (Branwood) v Rochdale MBC [2013] EWHC 1024 Admin, at paragraph 60. Click here for the judgment.

The Community Care, Services for Carers and Children's Services (Direct Payments) (England) (Amendment) Regulations 2013 permits named local authorities (in schedule 2A) to make direct payments for regulated residential accommodation, without limit of time. This change comes into force on the 1 November 2013.. Click here for the SI.

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