Judgment was handed down today in the High Court case of Health Service Executive of Ireland v IM and Kent County Council. Christine Cooper acted for the successful local authority in the case concerning where a 92-year-old woman, IM, was habitually resident.
In a judgment handed down today in the case of R (JP) v NHS Croydon Clinical Commissioning Group & the London Borough of Croydon  EWHC 1470 (Admin), Mostyn, J described a claim that the local authority could provide tracheostomy care for a child pursuant to the general power of competence in s. 1 of the Localism Act 2011 as ‘misconceived’.
The claimant argued that the local authority had a freestanding power to provide healthcare under s. 1 of the Localism Act 2011. The local authority argued it was able to provide healthcare under s. 75 of the NHS Act 2006 in partnership with the NHS and could not exercise the general power in s. 1 of the 2011 Act to circumvent the existing statutory scheme.
The main provisions of the Coronavirus Act 202 were brought into force without s. 15 and Schedule 12 which concern local authority care and support. Those were brought into force on 31 March 2020. One month on, some common themes are emerging.
How should local authorities deal with the setting aside of their duties to provide care and support to adults with eligible needs during the Coronavirus crisis? The UK government’s emergency Coronavirus legislation, which takes effect shortly, temporarily suspends local authorities’ duties under the Care Act 2014.
Christine Cooper appeared before Mr Justice Cobb yesterday on an application by a local authority for orders under the inherent jurisdiction to enable it to provide care for a vulnerable adult who had last been assessed as having the capacity to make his own decisions.
The Supreme Court has today handed down judgment in the case of Williams v Hackney ; a case in which the local authority had accommodated 8 children under s. 20 of the Children Act 1989 in circumstances which the parents argued had infringed their rights under Article 8 of the ECHR. The Supreme Court has […]
On 26 January 2017, the Court of Appeal handed down its decision in London Borough of Hackney v Williams and anor  EWCA Civ 26, departing from a long chain of Family Court judgments highlighting the necessity for local authorities to obtain the informed consent of parents prior to accommodating children under section 20.
Christine Cooper and Eirwen Pierrot represented the Claimants in this important case.
The European Court of Human Rights’ once again considers the position of those who are detained against their wishes as a result of mental illness.