Community care case law

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

23 July, 2020

High Court rules that care assessment was unlawful on basis of flawed evaluation of evidence for a severely disabled claimant seeking increased care provision

G, R (On the Application Of) v London Borough of Southwark [2020] EWHC 1989 (Admin)

8 June, 2020

High Court considers whether a council’s ‘sole justifiable response’ to a carer’s difficulties maintaining care for her disabled adult sons pending review of care assessment was to provide additional care and support

Ali Raja & Anor, R (on the application of) v London Borough of Redbridge (Rev 1) [2020] EWHC 1456 (Admin)

9 April, 2020

High Court rules that council did not breach Care Act, Housing Act and ECHR duties when it took more than 18 months to rehouse a newly severely disabled council tenant

Idolo, R (on the application of) v London Borough of Bromley [2020] EWHC 860 (Admin)

2 January, 2020

Court of Session rules that it does not have jurisdiction to hear claimant’s challenge against community care charging decision when alternative remedy is available via Ombudsman complaint

Terri McCue as guardian of Andrew McCue v Glasgow City Council [2019] CSOH 109

19 December, 2019

Whether a needs assessment under the Care Act should take into account needs that are already being met

Antoniak, R (on the application of) v Westminster City Council [2019] EWHC 3465 (Admin)

22 October, 2019

High Court rules that local authority’s refusal to provide failed asylum seeker with social care did not breach human rights

Aburas, R. (on the application of) v London Borough of Southwark [2019] EWHC 2754 (Admin)

16 August, 2018

VI, R (On the Application Of) v London Borough of Lewisham

[2018] EWHC 2180

12 February, 2018

CP v North East Lincolnshire Council

[2018] EWHC 220 (Admin)

6 December, 2017

Care England, R (on the application of) v Essex County Council

[2017] EWHC 3035 (Admin)

19 October, 2017

Torbay Council v Torbay Quality Care Forum Ltd

[2017] EWCA Civ 1605

10 October, 2017

Barking and Dagenham, R (On the Application Of) v Secretary of State for Health

[2017] EWHC 2449 (Admin)

1 September, 2017

Davey, R (on the application of) v Oxfordshire County Council & Ors

[2017] EWCA Civ 1308

2 August, 2017

R (on application of Forge Care Homes Ltd & ors) v Cardiff and Vale University Health Board & ors

[2017] UKSC 56

3 July, 2017

E, R (on the application of) v London Borough of Islington

[2017] EWHC 1440

3 July, 2017

JF, R (On the Application Of) v The London Borough of Merton

EWHC 1519 (Admin)

4 May, 2017

SG, R (on the application of) v London Borough of Haringey & Ors

[2017] EWCA Civ 322