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02 February 2018 / Nicholas Dobson
Issue: 7779 / Categories: Features , Public , Community care
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Inadequate engagement

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Nicholas Dobson considers what happened when a local authority fell short on its duties to cater for a vulnerable parent & disabled child

  • A local authority’s decision letter where a vulnerable single parent and an extensively disabled child were assessed as having no identified medical or housing needs had very serious defects.

Balancing identified need against painfully slender housing and financial resources is always a tough call for local authorities. And the task is even tougher when vulnerable children are involved. But, despite all pressures, councils must make lawful and rational decisions in the light of applicable law and all other material considerations.

Unfortunately, one authority fell short and attracted considerable judicial criticism when a housing decision letter concerning a single parent (J) and a child with an extensive range of disabilities (L) was vitiated by ‘very serious defects’. The case in question was R (J and another) v London Borough of Hillingdon [2017] EWHC 3411 (Admin), judgment of which was issued by Nicklin J on 21 December 2017.

Background

J (who suffered from depression following prolonged childhood abuse and consequently relies on emotional

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