Community care case law

31 October, 2023

High Court rules that a local authority’s decision not to accommodate a disabled asylum seeker, based on its assessment that his care and support needs were not accommodation-related, was unlawful

SB & Anor, R (on the application of) v London Borough of Newham & Anor [2023] EWHC 2701 (Admin)

10 August, 2023

Supreme Court rules that duty to provide after-care services ends when an individual is compulsorily detained in hospital for treatment

R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31

23 June, 2023

High Court rules that council’s ‘blanket ban’ on accounting for costs of an autistic claimant’s social and life skills activities as ‘disability-related expenditure’ in care charging assessment was unlawful

RW v Royal Borough of Windsor and Maidenhead [2023] EWHC 1449 (Admin)

3 May, 2023

High Court rules that government was not obliged to issue full consultation about decision not to implement social care appeals system in forseeable future

HL, R (On the Application Of) v Secretary of State for Health And Social Care [2023] EWHC 866 (Admin)

11 January, 2023

Supreme Court rules that council’s charging policy for disabled adult did not breach provisions within Equality Act 2010

McCue (as guardian for Andrew McCue) (AP) (Appellant) v Glasgow City Council (Respondent) (Scotland) [2023] UKSC 1

15 November, 2022

High Court finds that local authority should have provided reasons for not following earlier, more generous, assessment of care needs

P, R (On the Application Of) v London Borough of Croydon [2022] EWHC 2886 (Admin)

27 July, 2022

Court of Appeal rules that a local authority was wrong to decide that it could not, as a matter of law, continue to provide funding for holidays and recreational activities to two disabled adults

BG & Anor, R (On the Application Of) v Suffolk County Council [2022] EWCA Civ 1047

17 June, 2022

High Court of Northern Ireland rules that a Health Trust was not in breach of its statutory duties to provide social care when it failed to deliver an agreed care package due to staff shortages

JR138, Re Application for Judicial Review [2022] NIQB 46

6 April, 2022

High Court finds Cardiff City Council to be in contempt of court for failing to comply with order relating to care and support of young adult

JS v Cardiff City Council [2022] EWHC 707 (Admin)

23 December, 2021

Court of Appeal rules that duty to provide aftercare to service user released from hospital detention to another local authority area remains with original local authority until decision made that services no longer needed

Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWCA Civ 1957

15 December, 2021

High Court rules that local authority was wrong to decide that it could not, as a matter of law, continue to provide funding for holidays and recreational activities to two disabled adults

BG & Anor, R (On the Application Of) v Suffolk County Council [2021] EWHC 3368 (Admin)

1 June, 2021

Court of Session rules that a local authority has discretion to reduce or restrict use of self-directed care payments that were previously agreed in claimant’s care plan

Andrew Lennon against NHS Highland and Another [2021] CSOH 56

17 May, 2021 Open access

High Court of Northern Ireland rules that a Health and Social Care Trust acted lawfully in reducing two claimants’ social care provision in response to pressures of Covid-19 pandemic

J and L's (acting by their mother) application and in the matter of a decision by A Health and Social Care Trust [2021] NIQB 23

13 May, 2021

High Court considers lawfulness of decision on suitability of Mental Health Act 1983 aftercare accommodation for patient due to return home on discharge from hospital

ZK, R (On the Application Of) v Norfolk County Council & Anor [2021] EWHC 1249 (Admin)

28 April, 2021

High Court considers proper approach to determining ‘ordinary residence’ disputes over responsibility for Mental Health Act 1983 after-care following repeat hospital detentions

Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWHC 682 (Admin)

16 February, 2021

High Court considers whether deeming provisions in section 24(5) of the National Assistance Act 1948 resulted in a person's local authority remaining liable to fund a residential placement in another area

Lancashire County Council, R (On the Application Of) v JM & Anor [2021] EWHC 268 (Admin)

21 December, 2020

High Court rules that council’s care charging policy discriminated against severely disabled people, contrary to European Convention on Human Rights

SH, R (On the Application Of) v Norfolk County Council & Anor [2020] EWHC 3436 (Admin)

21 December, 2020

Court of Appeal considers whether Blue Badge award following Consent Order was ‘wholly successful’ outcome of litigation so that Costs Order should be granted in favour of claimant

RS, R (On the Application Of) v London Borough of Brent [2020] EWCA Civ 1711

24 August, 2020

Whether council’s policy in relation to charges made for community care services under the Social Work (Scotland) Act 1968 was amenable to judicial review

Reclaiming motion by Terri McCue for judicial review against a decision of Glasgow City Council [2020] ScotCS CSIH 51