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Local authority – Residential care home. The Administrative Court allowed the claimant's application for judicial review of the defendant local authority's decision to uphold its reversal of a previous decision to disregard a property (the property) owned by the claimant's mother, MW, in calculating MW's ability to pay care home charges pursuant to s 22 of the National Assistance Act 1948 and the National Assistance (Assessment of Resources) Regulations 1992, SI 1992/2977. For the purposes of para 2(1)(b) of sch 4 to the Regulations, 'home' was to be construed as 'only or main home.' In the instant case, the authority had not adopted the correct legal test as it appeared to have applied a test of actual occupation and/or permanent residence. Further, the authority had erred in interpreting the Regulations as requiring it only to review the position that pertained at the time that MW went into long term care, and in failing to consider whether the claimant had occupied the property as her home since that point. Finally, the authority had failed to take into account relevant considerations.
Local authority – Residential care home. The Administrative Court allowed the claimant's application for judicial review of the defendant local authority's decision to uphold its reversal of a previous decision to disregard a property (the property) owned by the claimant's mother, MW, in calculating MW's ability to pay care home charges pursuant to s 22 of the National Assistance Act 1948 and the National Assistance (Assessment of Resources) Regulations 1992, SI 1992/2977. For the purposes of para 2(1)(b) of sch 4 to the Regulations, 'home' was to be construed as 'only or main home.' In the instant case, the authority had not adopted the correct legal test as it appeared to have applied a test of actual occupation and/or permanent residence. Further, the authority had erred in interpreting the Regulations as requiring it only to review the position that pertained at the time that MW went into long term care, and in failing to consider whether the claimant had occupied the property as her home since that point. Finally, the authority had failed to take into account relevant considerations.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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