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The Defendant had misdirected itself in determining that ‘need for care and attention' under the section 21 of the National Assistance Act 1948 was a high threshold test. It would be a breach of the Claimant's rights under Articles 3 and 8 EHCR to return him to Portugal where he would suffer delay in obtaining support and care in managing his terminal illness.
27 April 2012
(1) This claim concerned a challenge to the Defendant's decision that the Claimant was not entitled to accommodation and support under s 21 of the National Assistance Act 1948 (‘the NAA'). The Defendant had refused to conduct a community care assessment under s 47 of the National Health and Community Care Act 1990. The Claimant, a Portuguese national, was resident in the UK and suffering from a terminal illness.
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