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Caring & sharing?

19 April 2012 / Ed Mitchell
Issue: 7510 / Categories: Features , Health & safety , Public
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Ed Mitchell provides an update on community care law

Increasingly, local authorities are having to take hard decisions about how they deploy the limited resources available to them for  the provision of community care services. In R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33, [2011] 4 All ER 881 the Supreme Court confirmed that it is principally for a local authority to take these hard decisions in individual cases, not the courts. So, once a local authority had formally reassessed community care needs, it was entitled to decide to save some £250 per week by supplying continence aids rather than funding a night-time carer.

McDonald

The case concerned a 67-year-old woman left unable to mobilise unaided by a stroke. While she needed to urinate about three times per night, she was not incontinent. There were two options for managing the claimant’s night-time continence needs. The first, favoured by the claimant, was for a night-time carer to help her to a commode. The second cheaper option, which the claimant’s

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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