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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

02 MAR 2012

Broadway Care Centre Ltd, R (on the application of) v Caerphilly County Borough Council [2012] EWHC 37 (Admin)

Community care – Wednesbury unreasonableness – Article 8 – Consult

The Defendant’s decision to terminate a contract for a care home was neither Wednesbury unreasonable nor disproportionate. The Claimant care home was not a victim in accordance with Article 8 ECHR.
19 January 2012
Administrative Court
HHJ Llewellyn QC
(i) The Claimant, the owner and operator of Hillside Care Centre, sought permission to challenge the decision of the Defendant, dated 12 December 2011, to terminate its contract to provide care for elderly dementia sufferers. The Claimant further argued that termination of the contract was, in effect, a decision to close the home. The Claimant submitted that

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