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03 December 2009 / Ed Mitchell , Clive Lewis KC
Issue: 7396 / Categories: Features , Community care
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Lethal weapon?

New equality legislation has strengthened the hand of challengers to community care charging decisions, say Ed Mitchell & Clive Lewis QC

The equality legislation has provided a new weapon in the armoury of those who wish to challenge community care charging decisions.

However, it remains very difficult to mount a successful legal challenge to a carefully planned decision to introduce or increase charges. The latest case to illustrate this point was the Court of Appeal’s decision in R (Domb & Others) v Hammersmith & Fulham LBC [2009] EWCA Civ 941.

Hammersmith & Fulham LBC had decided to reduce its council tax by 3% and so had to make savings or increase revenue. So far as the contribution of home care services to balancing the books was concerned, the council decided that it either had to raise eligibility thresholds (provide fewer services) or introduce charges.

Following a consultation exercise, the council decided to start charging although a means test would be applied so that poorer service users would continue to pay nothing.

Three

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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