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29 November 2013 / Tim Spencer-Lane
Issue: 7586 / Categories: Features , Public
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Harsh but fair?

Challenging a local authority on procedural grounds can prove difficult, as Tim Spencer-Lane reports

In an era of prolonged economic recession and public sector cuts, the challenges for both service users and local authorities are considerable. The tension between, on the one hand, supporting disabled people to live full and independent lives in the community, and on the other, local authorities’ obligation to constrain expenditure and remain within budget, was illustrated in the recent High Court case R(D) v Worcestershire County Council [2013] EWHC 2490 (Admin).

 

In 2012, the council adopted a policy under which the amount of money that is provided to support a disabled person living in the community would be based on the costs of meeting the same person’s needs in residential care. It was a policy which the council had already applied since 2008 to older people. Disabled groups argued that it would result in high levels of unmet need and coercive institutionalisation, because domiciliary care could not be provided which costs less than the equivalent costs of residential

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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