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High Court finds that local authority acted unlawfully in failing to provide disabled brothers with night time care

R (Raja & Hussain) v London Borough of Redbridge [2020] EWHC 1456 (Admin)

Related Member(s):
Emma Foubister
Related Practice Area(s):
Public Law, Community Care Law
Court:

The Claimants sought judicial review of the local authority’s failure to provide them with urgent night care and support under section 19(3) of the Care Act 2014 pending a full needs reassessment. The Claimants’ mother and primary carer was no longer able to support her sons at night due to her own deteriorating health conditions. The local authority repeatedly refused her requests for urgent assistance and denied it had the power to provide interim care under section 19(3).

The High Court found that the local authority did have the power to provide care and support under section 19(3) and it acted unlawfully in failing to do so. The sole justifiable response to the Claimants’ unmet needs was to fund 10 hours of care per night and the court made a mandatory order to that effect.

The Court observed that this case was a good example of when it is appropriate for a claim to be brought as a “rolling judicial review”, which allows procedural flexibility while maintaining public law rigour.

Emma Foubister was involved in this case.