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24 March 2009 / Ed Mitchell
Categories: Features , Public , Human rights , Community care
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Community Care law update

Community care

ELIGIBILITY CRITERIA

More and more social services authorities are tightening their eligibility criteria for community care services. In December 2007, the High Court in R (on the application of Chavda and others) v Harrow London Borough Council [2007] EWHC 3064 (Admin), [2007] All ER (D) 337 (Dec), considered whether or not it was lawful for an authority to restrict eligibility to persons with a “critical” need for services under the Department of Health’s Fair Access to Care Services (FACS) guidance.

The court held that, in principle, it was lawful for an authority to restrict eligibility to those with critical needs. However, it also held that ’s decision to restrict eligibility was unlawful because it had failed, in taking that decision, to discharge its obligations under the Disability Discrimination Act 1995 (DDA 1995). Section 49A of DDA 1995 required “in carrying out its functions to have regard to the need to…promote equality of opportunity between disabled persons and other persons”. The court held that had

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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