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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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