Joshua Swirsky represents successful local authority in judicial review challenging its interpretation of the limit of its Care Act 2014 powers

16 April 2020

Joshua Swirsky acted for the successful local authority  in R(Idolo) v LB Bromley [2020] EWHC 860 (Admin).  The case involved the Administrative Court considering the relationship between the Care Act 2014 and the Housing Act 1996 in the context of someone with serious health problems who had accommodation but it was no longer suitable because of his ongoing care needs. The Deputy Judge also considered a claim for damages under the Human Rights Act 1998.

The case should provide some reassurance to local authorities when faced with demands to provide accommodation to those in need who already have accommodation of their own, especially in cases where claimants seek to impose impossible timeframes combined with extensive preferences.