All your resources at your fingertips.Learn More
(Queen's Bench Division, Nicholas Paines QC, sitting as a deputy High Court judge, 13 December 2012)
The elderly woman lived in a residential care home due to a number of physical and mental impediments which also meant that she lacked capacity to make decisions about her residence and care. The charity which owned the premises she lived in reorganised the arrangements for the provision of care. The woman, by her niece, acting as her litigation friend, brought a claim for judicial review against the charity, seeking a declaration that in transferring responsibility for her care to another organisation the charity were in breach of a compromise arrangement made in earlier litigation and acting in breach of the woman's rights under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.
The judge dismissed the application for judicial review. On the facts, the transfer of the woman's care had not been in breach of the compromise agreement or in breach of the woman's European Convention rights.
There was no basis for saying that the local authority was under a legal duty, enforceable by way of judicial review, to make arrangements under s 26 of the National Assistance Act 1948 for the woman to receive accommodation and care in a particular residential unit.
"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P