All your resources at your fingertips.Learn More
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.
An authoritative source of case reports covering every aspect of immigration, asylum and...