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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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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