Derick
I am righst to say, that is unlawful by any local authority, when they have
assessed that persons needs, not then implement that persomns careplan?
Local-authorities and NHS Trusts can not use the lack of 'finite-resources'
as an excuse not to meet the persons needs, as assesed under the NHS and
Community Care Act 1990. The Gloucestershire case is a the 'case' that most
public bodies try and use, but they usually interpret it, to try and get out
of meeting the needs of all disabled people.
Yours
Colin
>From: Derick Bird <[log in to unmask]>
>Reply-To: Derick Bird <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: local authority services
>Date: Fri, 17 Feb 2006 15:46:16 -0000
>
>This is a considered opinion by a barrister and does not say ""Once a
>disabled person has been assessed as need, under s4 the NHS and
>Community Care Act 1990 then the local-authority and health have to meet
>that persons assessed-needs".
>
>This opinion provides a very helpful overview of the relevant statutes and
>caselaw and concludes, which must be read carefully, reinforcing what had
>been previously posted.
>
>36. Of necessity, this papers provides an overview of the provision of
>community care services. The lawfulness of any assessments or community
>care provision decisions will be scrutinised in judicial review
>applications. The courts are willing to do so provided that there is a
>serious justiciable issue to be considered. The courts are, however,
>reluctant to intervene when they are in effect being asked to make the
>assessment, or to enforce the provision of services on a day to day basis,
>themselves. Thus, for issues to attract the attention of the administrative
>court it is necessary to show that there has been a serious failure to
>comply with statutory obligations, or to comply properly with such
>obligations.
>
>37. The more practical questions of the enforcement of the obligations to
>provide, or to assess for, community care services will depend upon
>relationships developing with the relevant local authorities, and to a real
>extent with the cooperation of the individuals to whom care should be
>provided. Local authorities, and health authorities, are notoriously short
>of funds. They, and courts, may be very reluctant to enforce community care
>obligations as a means of reducing the burden upon insurers and/or the
>NHSLA. This may well shape any developments in relation to the obligation
>to provide community care services for those who have good personal injury
>or clinical negligence claims.
>
>38. However, equally persuasive, will be the interest in ensuring that
>community care services are not denied to those who need care and attention
>or welfare services, simply because their families have the ability to pay
>for them. Such persons can of course be charged for local authority
>services (except those under section 117 of the Mental Health Act 1983).
>The charging provisions would be meaningless if those with resources were
>denied services. The precise terms of the charging provisions, and the
>matters which can or cannot be taken into account indetermining the
>individual's resources, should not be allowed to impinge upon that general
>principle.
>
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