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Gloucestershire: The Final Judgment

Stephen Cragg, the Solicitor for the applicants in the Gloucestershire case and now a Barrister specialising in Community Care examines the final judgment in this important case

1 April 1997

Gloucestershire
The Final Judgment

Stephen Cragg, the Solicitor for the applicants in the Gloucestershire case and now a Barrister specialising in Community Care examines the final judgment in this important case

The House of Lords has finally given judgment in the case of R v Gloucestershire County Council ex p Barry [1997] 2WLR 459 and the result was an agonisingly close 3-2 decision in favour of the Council.

Readers will recall the facts of the case from a previous edition of ECA (Volume 2, Issue 1). In summary, Michael Barry was in receipt of home care services from the Council who decided in September 1994 that, because of government cuts, it would have to withdraw the services. About 1500 service users were similarly affected. The services were provided under section 2 of the Chronically Sick and Disabled Persons Act 1970 which requires local authorities to provide or make arrangements for certain services where it is satisfied ...

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