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Adult Care Services

Some of the primary legislation

Care Act 2014
Health and Social Care Act 2012
Personal Care at Home Act 2010
Health and Social Care Act 2008
Mental Health Act 2007
National Health Service Act 2006
Mental Capacity Act 2005
Health and Social Care (Community Health and Standards) Act 2003
Community Care (Delayed Discharges etc.) Act 2003
Homelessness Act 2002
Health and Social Care Act 2001
Carers and Disabled Children Act 2000
National Health Service & Community Care Act 1990
Mental Health Act 1983
National Health Service Act 1977
Chronically Sick and Disabled Persons Act 1970
National Assistance Act 1948

Some of our recent notable cases

R (Buckinghamshire CC) v Kingston upon Thames RBC (2011)
No duty to consult had been required when a local authority moved a person whose care it had provided through supported housing, into another local authority jurisdiction.
[2011] EWCA Civ 457 19/4/2011 Reported at (2011) ACD 83
Stephen Knafler QC and Timothy Baldwin

R (Boyejo) v Barnet London Borough Council; R (Smith) v Portsmouth City Council (2009)
Local authority decisions to withdraw residential warden services were unlawful in breach of the Disability Discrimination Act 1995.
[2009] EWHC 3261 Admin 15/12/2009. Reported at Times, January 22, 2010 and (2010) 13 CCLR 72.
Stephen Knafler

R (Garbet) v Circle 33 Housing Trust (2009)
A housing association’s decision to withdraw residential warden services was unlawful because there had been a contractual obligation to provide those services and because those services had been withdrawn without prior consultation.
[2009] EWHC 3153 Admin 7/12/2009
Stephen Knafler

R (on the app. of AM) v Birmingham City Council (2009)
A local authority had implicitly had proper regard to its general duties to disabled persons pursuant to the Disability Discrimination Act 1995 s.49A and it was entitled to conclude that it was not necessary to provide a disabled person with all of the incontinence services requested.
[2009] EWHC 688 (Admin) 2/3/2009.
Stephen Knafler

R (on the app. of W) v Coventry City Council (2008)
Whether closure of care homes constituted breach of ECHR.
[2008] EWHC 2300 4/9/2008. Reported at (2009) 12 CCLR 7.
Stephen Knafler

R (Hide) v Staffordshire CC (2007)
It had been lawful for the local authority to make a political decision to close care homes and day centres and the local authority was not in breach of its consultation duty
[2007] EWCA Civ 860 4/7/2007. Reported at [2008] 11 CCLR 28.
Stephen Knafler

R (Hook) v Secretary of State for DWP (2007)
Social security authorities and tribunals are required to consider whether benefits rules and decisions are Convention compliant and, where that is not the case, to grant Convention compliant relief.
[2007] EWHC Admin 1705 3/7/2007.
Stephen Knafler and Desmond Rutledge

R (Omatoyo) v City of Westminster (2006) (no link)
Correct approach to JR interim relief in homelessness cases
[2006] EWHC 2572 (Admin) 21/9/06
Stephen Knafler

R (M) v Slough BC (2006)
Asymptomatic HIV+ asylum-seeker entitled to residential accommodation.
[2006] EWCA Civ 655 25/5/06. Reported at Times, June 13, 2006 and (2006) 9 CCLR 438.
Stephen Knafler

Crossley v City of Westminster (2006)
Priority need and “vulnerability”
[2006] EWCA Civ 140 23/2/06. Reported at (2006) HLR 26
Jan Luba QC

R (Supportways) v Hampshire CC (2006)
The local authority had acted unlawfully in completing review of commercial supporting people services contract but only limited relief allowed.
[2006] EWCA Civ 1035 18/7/2006 and [2006] EWCA Civ 1170 8/8/2006. Reported at (2006) 9 CCLR 484 and 498.
Stephen Knafler

R (Calgin) v Enfield LBC (2005)
Whether resources relevant to operation of Housing Act 1996, s 208
[2005] EWHC Admin 1716 29/7/05. Reported at (2006) 1 All ER 112
Stephen Knafler

R (Khatun) v Newham LBC (2004)
Choice’ of accommodation for homeless people; impact of Unfair Terms in Consumer Contracts regulations on tenancy agreements
[2004] EWCA Civ 55 24/2/04. Reported at (2005) QB 37.
Jan Luba QC and Stephen Knafler

R (Wahid) v Tower Hamlets LBC (2002)
Community care rights to housing
[2002] EWCA Civ 287 7/3/02. Reported at (2002) 5 CCLR 239
Stephen Knafler

R (O) v Wandsworth LBC (2000)
Destitute applicants for ELR on the grounds of illness not excluded from assistance under the National Assistance Act 1948 by the Asylum and Immigration Act 1999.
[2000] EWCA Civ 201 22/6/2000. Reported at [2000] 1 WLR 2539
Stephen Knafler

Useful links

The Care Act 2014 Part 1: What practitioners need to know. A 25-minute masterclass video with Bethan Harris.
Association of Directors of Adult Social Services

Department of Health Social Care Policy
Office of the Public Guardian
Independent Living Fund
Carers UK
Social Care in the UK
Social Care Institute for Excellence
Care Quality Commission
Care and Health Law in the UK
Family Rights Group
Garden Court Social Welfare Law Resources
Community Care Grant information
DCLG Social Housing pages
Age UK’s Guide to Care Homes
Shelter’s Guide to Access to Social Housing
Housing Rights Service: supporting the rights of everyone to decent safe affordable housing
Revised Code of Guidance on the allocation of accommodation (DCLG) (updated Dec 2013)