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Case Law

This section contains information about recent case law.

January 2018: Council loses Case regarding taking Personal Injury Awards into account in Financial Assessments

The High Court has thrown out an application for a judicial review into whether personal injury awards can be taken into account during financial assessments of people with eligible care needs.

Click here to view the ruling: Court rejects challenge to LGO finding on personal injury awards and care needs

 

November 2017: Council loses re Section 117 Funding

A council lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires after-care services’ (s117) is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.

Click here to view the ruling: Council loses Appeal over After-care Services and Personal Injury Damages

September 2017: Court of Appeal finds for Council in first appeal on Care Act 2014 provisions

The Court of Appeal has dismissed a disabled man’s (Luke Davey) appeal over a decision by a county council to reduce his personal budget from £1,651 to £950 per week and revise his care and support plan.

Click here to view the ruling: Court of Appeal finds for council in first appeal on Care Act 2014 Provisions

Click here to view Lessons for Social Workers from Luke Davey’s Care Act Appeal (Community Care)