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07 June 2007
Issue: 7276 / Categories: Features , Community care , Mental health
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Community care law update

Assessment disputes
UNLAWFUL FAILED ASYLUM SEEKERS
CONTINUING CARE COMPENSATION SCHEME
Mental capacity act 2005

Assessments

The Court of Appeal’s decision in R (on the application of Ireneschild) v Lambeth London Borough Council [2007] EWCA Civ 234, [2007] All ER (D) 286 (Mar) sends out a strong message that the courts should not be used to resolve disputes about the assessment of community care needs. For local authority lawyers, simply referring to this judgment may well head off a threatened legal challenge to an assessment and ensure that any dispute is ventilated through a more appropriate procedure, namely the statutory social services complaints procedure.

The facts

A climbing accident left Ms I severely physically disabled and largely unable to move without support. She lived in a two-bedroom flat arranged over the first and second floors of a converted house. The flat was not ideal for Ms I because it had a number of internal stairs. She was concerned that, as she aged, her risk of falling on the stairs was increasing. Ms I applied to Lambeth’s housing department for a transfer and was awarded additional

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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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