D, R (on the application of) v Brent Council

D, R (on the application of) v Brent Council

The defendant was not under a statutory deadline to decide on placement; delays were not unreasonable given the need to explore supported living options and obtain assessments; no breach of statutory duty or public law principles was established.

Source-derived case information.

Parties
Claimant: D (by litigation friend SA); Defendant: Brent Council
Jurisdiction
England and Wales
Judgment Date
09 November 2015
Procedural Posture
Judicial Review / Permission/refusal at Rolled Up Hearing
Outcome
Permission for judicial review refused; claim dismissed.
Legal Topics
Care Act 2014, Chronically Sick and Disabled Persons Act 1980, Children and Families Act 2014, Statutory Duties of Local Authorities, Care and Support Planning, Continuity of Care, Assessment of Needs, Delay in Decision Making
Public Law Social Care Law Care Act 2014 Chronically Sick and Disabled Persons Act 1980 Children and Families Act 2014 Statutory Duties of Local Authorities Care and Support Planning Continuity of Care +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

D (by litigation friend SA)

Claimant

Brent Council

Defendant

Procedural Posture

Judicial Review / Permission/refusal at Rolled Up Hearing

Legal Issues

  1. 1 Whether the defendant breached statutory duties by failing to decide on the claimant's placement within a reasonable time
  2. 2 Whether the defendant failed to prepare, review, and revise a care and support plan as required by statute
  3. 3 Whether the defendant failed to involve the claimant and his mother in placement decisions

Ratio Decidendi

The defendant was not under a statutory deadline to decide on placement; delays were not unreasonable given the need to explore supported living options and obtain assessments; no breach of statutory duty or public law principles was established.

Court Disposition

Permission for judicial review refused; claim dismissed.

Orders

  • Written submissions on costs and permission to appeal to be filed within 14 days.
  • Parties to lodge a minute of order reflecting judgment terms.