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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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