header-logo header-logo

Health

24 June 2010
Issue: 7423 / Categories: Case law , Law digest
printer mail-detail

R (on the application of Mwanza) v Greenwich London Borough Council and another [2010] EWHC 1462 (Admin), [2010] All ER (D) 124 (Jun)

The duty to provide accommodation under s 21 of the National Assistance Act 1948 was conditional upon the applicant being in need of “care and attention which [was] not otherwise available to them”. It was settled law that “care and attention” meant more than “accommodation”, the natural and ordinary meaning of those words being “looked after”, which meant “doing something for the person being cared for which he [could not] or should not be expected to do for himself”; medical care being expressly excluded by the section.

It was also settled that the threshold for “care and attention” was relatively low, but it was essentially a matter for the relevant local authority to assess. As with decisions made under s 117 of the Mental Health Act 1983 (MHA 1983), in relation to decisions under s 21, the courts (on a judicial review) had to give considerable respect to the professional judgment of the local authority in

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll