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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

Stone King—Laura McHugh

Stone King—Laura McHugh

Stone King strengthens Manchester presence with new partner hire

mfg Solicitors—four appointments

mfg Solicitors—four appointments

Sustained growth leads to rapid expansion of law firm’s corporate team

Bermans—James Thornton

Bermans—James Thornton

Bermans bolsters litigation team with senior hire

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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