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Caring matters

23 April 2009 / Ed Mitchell
Issue: 7366 / Categories: Features , Public , Community care
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Part one: Ed Mitchell reviews recent cases on funding, transparency & closure

R (Rutter) v Stockton on Tees BC [2008] EWHC 2651 (Admin), [2008] All ER (D) 37 (Oct) was another addition to the list of failed claims for judicial review of local authority decisions to close care homes. The High Court rejected the claimant's arguments as follows:
      
      ●     The risks posed to residents as a result of closure were not such as to violate their rights under Art 2 of the European Convention on Human Rights (right to life). The evidence was that the authority had done all that could reasonably be expected to avoid any real and immediate risk to the lives of the residents posed by transfer to a new home.

      
      ●     The council's proposals did not render them in breach of its general disability equality duties under s 49A of the Disability Discrimination Act 1995. Mr Justice Wilkie said that this “was not an arguable ground. The council's decision did not in any way involve the curtailing

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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