David Lawson and Katherine Hampshire successfully defend local authority against Human Rights and judicial review claims related to Care Act 2014 accommodation
31st January 2025
David Lawson and Katherine Hampshire represented the local authority in two linked judicial review claims concerning accommodation and services under the Care Act 2014. The claims were heard over seven days from September to November 2024 by Mr Justice Fordham.
The Claimant lived in Home Office Bail accommodation with a local authority care package. The judgment considers:
(i) whether a local authority may take Home Office Bail accommodation into account when assessing and responding to care and support needs under the Care Act 2014;
(ii) the correct approach to assessing whether an individual has an accommodation-related need for care and services that might oblige a local authority to provide housing under the Care Act 2014;
(iii) whether ‘physical things’ such as an accommodation layout or shower rails can comprise an accommodation related care need.
The judgment reviews case law under the National Assistance Act 1948, the Care Act 2014 as well as its statutory guidance and supporting regulations. The judgment finds that bail accommodation is legally “residual” (like asylum accommodation) and analyses how this conclusion can be applied to the Care Act 2014. It rejects the idea that physical things can be a need for care and support.
The judgements in BLZ2 [2025] EWHC 154 (Admin) is available here and BLZ1 [2025] EWHC 153 (Admin) is available here.
Back to index