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03 June 2010 / Ed Mitchell , Clive Lewis KC
Issue: 7420 / Categories: Features , Community care , Mental health
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Caring matters

Ed Mitchell & Clive Lewis QC report on a rare event in community care law

The High Court’s decision in R (B & Others) v Worcestershire CC [2009] EWHC 2915 (Admin) was that rarest of things, a successful claim for judicial review of a council’s decision to reorganise care provision which did not rely on non-compliance with general equality duties. It is a useful reminder that local authorities must be able to show that, post-reorganisation, service users’ eligible needs (the community care needs that a council has decided to meet) will remain capable of being met. The case arose because a council decided to close a day centre for adults with profound learning disabilities. Council officials told the committee which took the decision that an alternative centre would meet the displaced adults’ eligible needs.
 
However, when resourcing levels were fixed for that centre no analysis was carried out of whether that would be the case. As a result, no one could be certain that those needs would be met within the allotted resource envelope. If correct information had been given to

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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