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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

21 SEP 2011

W, R (on the application of) v Croydon Borough Council [2011] EWHC 696 (Admin)

Community Care – Placement – Consultation

3 March 2011
Administrative Court
Ouseley J
The Local Council was entitled to terminate a placement for reasons of costs and need, subject to adequate consultation taking place at a time when it could influence the decision.
Summary of Judgment
(1) The Claimant, SW, a young man suffering from autism and severe language difficulties, challenged the decision made in August 2010 that he should not remain at his current place of residence. The challenge was made on the basis of inadequate consultation with the claimant's parents and with his current place of residence,  in order to satisfy the legal requirements in relation to the assessment of needs and choice of placement (as per the National Assistance Act 1948 (Choice of Accommodation) Directions 1992).

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