R (Davey) v Oxfordshire CC in the Court of Appeal

September 7th, 2017 by Andrew Sharland

Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014. We were cautious about blogging about the High Court judgment ([2017] EWHC 354 (Admin)) whilst it was on appeal, as members of our chambers were in the case. Now that the appeal has been decided, we can speak more freely.

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Continuing Duty under s.17 Children Act 1989

June 22nd, 2017 by Natalie Connor

The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17. Read more »


The Children and Social Work Act 2017

June 14th, 2017 by Jonathan Auburn

After significant controversy and substantial amendments, the Children and Social Work Act 2017 received royal assent on 27 April. While the majority of the legislation is not yet in force, the changes contained in the Act will have important implications for the regulation of social work in England, safeguarding of children, and investigations into the death of children. In addition, the Act clarifies and amends the obligations of local authorities as corporate parents. Read more »


Age disputes and interim accommodation

May 11th, 2017 by Jonathan Auburn

What happens young people whose age is questioned approach a local authority as homeless? Must they be accommodated as children, or can they be accommodated in temporary adult accommodation until their age is determined by the local authority? Read more »


Duty to accommodate under s.18? First appellate case on the Care Act is a damp squib

May 8th, 2017 by Hannah Slarks

R (SG) v LB Haringey [2017] EWCA Civ 322

When is a test case not a test case?  When the legal argument you want to have does not arise on the facts.

This was the situation in SG.  The parties geared themselves up for the Court of Appeal to clarify the application of the Care Act 2014.  Mind was joined as an intervenor, in order to assist in this important debate.  However, the Court of Appeal quickly reached the view that the debate the parties wanted to have did not arise from the facts of the case. Read more »


Deprivation of Liberty: High Court refuses to interfere with Central Government’s alleged underfunding of the regime

May 5th, 2017 by James Goudie QC

In R (Liverpool City Council and others) v SoS for Health (2017) EWHC 986 (Admin) four English councils sought to challenge the Government’s “ongoing failure to provide full, or even adequate, funding for local authorities in England to implement the deprivation of liberty regime“, the costs of complying with which have proved to be very substantial, following the Supreme Court Judgment in Cheshire West. They suggested that the financial shortfall suffered by councils across the country generally is somewhere between one third of a billion pounds and two thirds of a billion pounds each year and claimed that the Government must meet that shortfall. They sought a declaration that, by his failure to meet those costs, the Secretary of State for Health (“the SoS”) had created an “unacceptable risk of illegality” and was in breach of the policy constituted by the “New Burdens Doctrine” (“the NBD”). They sought a mandatory order requiring the SoS to remove the “unacceptable risk of illegality” and to comply with the NBD. Read more »


11KBW Community Care & COP/ DOL 2017 – Manchester, 22 March 2017

March 7th, 2017 by Claire Halas

11KBW invites you to two related half day seminars to be held at the Crowne Plaza, 70 Shudehill, Manchester M4 4AF on Wednesday, 22 March 2017.

The Community Care seminar will be held from 10am – 12.50pm.

The COP/DOLS seminar will be held from 1.45pm – 4.15pm.

People are welcome to sign up for either or both seminars.

Feedback from last year’s Manchester Community Care seminar was extremely positive, including these comments: “Excellent. Speakers are very clear in their presentation & advice”, “Very useful” and “Very good & informative”.

The sessions will be directed at updates on recent developments in the law in these areas. Read more »


11KBW Breakfast Seminar: Important new judgment on Care Act decision-making and judicial review of Care Act decisions

February 28th, 2017 by Claire Halas

The Administrative Court has just issued a detailed 80 page judgment comprehensively setting out the legal requirements for local authority decision-making under the Care Act 2014, the principles under which such decisions may be challenged by way of judicial review, and the role of the UN Convention on the Rights of Persons with Disabilities in this area of decision-making.

In Davey v Oxfordshire County Council [2017] EWHC 354 (Admin), in which judgment was delivered yesterday, the Administrative Court dealt with a wide-ranging challenge to a post-ILF reduction in a disabled person’s care budget and the associated decision-making under the Care Act. The Equalities and Human Rights Commission intervened to make submissions on the role of the UN Convention in Care Act decision-making. Read more »


New social care charging circular for local authorities

February 16th, 2017 by Jonathan Auburn

On 8 February 2017, the Department of Health published a new circular for local authorities, addressing charging practices for the 2017/18 financial year. By virtue of section 78 of the Care Act 2014 local authorities are required to comply with this Circular. Read more »


Parental consent not required for section 20 accommodation

February 9th, 2017 by Jonathan Auburn

Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26. Read more »