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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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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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