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01 July 2010 / Nicholas Dobson
Issue: 7424 / Categories: Features , Local government , Public , Human rights , Community care
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Cutprice caring?

Local authorities can’t afford to prioritise resources over the interests of those in care, says Nicholas Dobson

Given the inevitable severe cuts in public expenditure, what is to become of those placed in costly care homes at public expense? Will local authorities be able to move such residents to more cost-effective accommodation without falling foul of the European Convention on Human Rights (the Convention) and consequent obligations under the Human Rights Act 1998?

Some support to authorities faced with such difficult decisions was given recently by the European Court of Human Rights (ECtHR). This, however, was provided that authorities deal with such matters with care and context sensitivity to relevant Convention rights. The case in question was Watts v UK  [2010] ECHR 793 judgment in which was given on 4 May 2010.

Closure of care home

Ms Watts (the applicant) was born in 1903. Some five years ago when no longer able to take care of her needs in her own home, she moved to Underhill House. This is a residential establishment

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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