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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

19 APR 2012

NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin)

Community care – Duty of care – Accommodation – Parole Board

There was no obligation to undertake an assessment as to provision of accommodation and support services when the possibility of the Claimant’s release from prison was merely speculative.

29 February 2012

Administrative Court

Sales J

(i) The Claimant applied for judicial review  of a decision by the Defendant’s social services department not to conduct an assessment of his needs under section 47 of the National Health Service and Community Care Act 1990, with a view to provide accommodation and support services to him if he was released from prison. 

(ii) The Claimant was detained under a sentence of imprisonment for the protection of the public and had been assessed as having significant learning disabilities. He had expressed an interest in moving to London upon his release.

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