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13 November 2008
Issue: 7345 / Categories: Features , Public , Community care
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A matter of standards

Ed Mitchell & Clive Lewis QC on care home closures and the plight of vulnerable adults

In theory, a claim for judicial review of a local authority’s decision to close one of its care homes may succeed. In practice, however, successful claims are few and far between. Another addition to the list of failed claims was recently made by the High Court in R (Thomas) v Havering LBC; R(W) v Coventry CC [2008] EWHC 2300 (Admin).

The closures in the Havering & Coventry case were challenged on three grounds. First, that the closures would, if implemented, violate Art 2 of the European Convention on Human Rights which provides that “everyone’s right to life shall be protected by law”. Second, that the councils had failed to take into account evidence showing a link between care home transfer and increased mortality rates. Third, that the councils had failed, prior to making the decisions to close, to undertake an individual assessment of the effect of a move on each resident.

All grounds of challenge were rejected by

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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