You are here

R (on the application of THOMAS) v HAVERING LONDON BOROUGH COUNCIL

Decisions by two local authorities to close certain care homes had been neither unreasonable nor contrary to the European Convention on Human Rights 1950 art.2 where the totality of the medical evidence, which the local authorities’ decision makers had taken account of, had not established a statistically demonstrable rise in mortality following geriatric relocation, and the local authorities had undertaken to provide individual assessments of every resident prior to their transfer.

16 September 2008

The claimants (C) in conjoined applications for judicial review challenged the decisions of the defendant local authorities to close certain care homes. In each case, the homes to be closed had housed elderly people with physical disabilities or advanced dementia. C contended that the decisions to close the homes were contrary to the European Convention on Human Rights 1950 art.2 or Wednesbury unreasonable in failing to have taken into account a material factor, namely published medical literature and expert reports which they alleged established a statistically demonstrable rise in

mortality for care home residents who were transferred to alternative accommodation unless moved in a group and with the same staff. C submitted that the decision to close the homes should not have been taken before each resident had undergone individual assessment by an expert in psychiatric geriatric medicine. The local authorities contended that, where they had un...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.