header-logo header-logo

29 November 2013 / Tim Spencer-Lane
Issue: 7586 / Categories: Features , Public
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll