Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) (04 September 2008)

Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) (04 September 2008)

There is no legal requirement for local authorities to conduct individual risk assessments before deciding to close care homes; such assessments must be conducted before any resident is moved. The risk of increased mortality from relocation was fairly and adequately presented to the decision-makers in both Coventry and Havering. The authorities' decisions did not breach Article 2 ECHR, nor were they Wednesbury unreasonable or taken without regard to material considerations. The applications for judicial review are therefore dismissed.

Citation
[2008] EWHC 2300 (Admin)
Parties
Claimants: Verna Wilson and Others; First Defendant: Coventry City Council; Claimants: Victor Thomas and Others; Second Defendant: London Borough of Havering; Interested Party: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
04 September 2008
Procedural Posture
Judicial Review / Rolled Up Hearing: Permission and Substantive Applications
Outcome
Applications for judicial review dismissed
Legal Topics
Closure of Care Homes, Article 2 ECHR (right to Life), Welfare of Elderly and Disabled Residents, Judicial Review of Local Authority Decisions, Individual Risk Assessments, Wednesbury Unreasonableness
Administrative Law Human Rights Law Health and Social Care Law Closure of Care Homes Article 2 ECHR (right to Life) Welfare of Elderly and Disabled Residents Judicial Review of Local Authority Decisions Individual Risk Assessments +1 more

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Parties

Verna Wilson and Others

Claimants

Coventry City Council

First Defendant

Victor Thomas and Others

Claimants

London Borough of Havering

Second Defendant

Secretary of State for Health

Interested Party

Procedural Posture

Judicial Review / Rolled Up Hearing: Permission and Substantive Applications

Legal Issues

  1. 1 Whether local authorities breached Article 2 ECHR by deciding to close care homes without prior individual risk assessments
  2. 2 Whether the decisions to close care homes were Wednesbury unreasonable or failed to take into account material considerations
  3. 3 Whether the risk of increased mortality from relocation was properly considered by decision-makers

Ratio Decidendi

There is no legal requirement for local authorities to conduct individual risk assessments before deciding to close care homes; such assessments must be conducted before any resident is moved. The risk of increased mortality from relocation was fairly and adequately presented to the decision-makers in both Coventry and Havering. The authorities' decisions did not breach Article 2 ECHR, nor were they Wednesbury unreasonable or taken without regard to material considerations. The applications for judicial review are therefore dismissed.

Court Disposition

Applications for judicial review dismissed