Moore & Ors, R (on the application of) v Care Standards Tribunal & Anor

Moore & Ors, R (on the application of) v Care Standards Tribunal & Anor

It is arguable that the Tribunal erred in law by not treating the existence of tenancies as determinative and failing to address whether tenancies existed; the proceedings are not academic and should proceed.

Parties
Claimant: Moore and Others; First Defendant: Care Standards Tribunal; Second Defendant: Commission for Social Care Inspection
Jurisdiction
England and Wales
Judgment Date
14 June 2004
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission granted for judicial review to proceed; Commission for Social Care Inspection substituted as second defendant; Mr Moore's appeal stayed and listed with judicial review proceedings.
Legal Topics
Judicial Review, Tenancy, Statutory Construction, Public Law Discretion
Administrative Law Social Care Law Land Law Judicial Review Tenancy Statutory Construction Public Law Discretion

Case Brief

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Parties

Moore and Others

Claimant

Care Standards Tribunal

First Defendant

Commission for Social Care Inspection

Second Defendant

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in law by not treating the existence of tenancies as determinative
  2. 2 Whether the proceedings are academic if tenancies exist or are a fiction
  3. 3 Appropriate test for real choice of service user

Ratio Decidendi

It is arguable that the Tribunal erred in law by not treating the existence of tenancies as determinative and failing to address whether tenancies existed; the proceedings are not academic and should proceed.

Court Disposition

Permission granted for judicial review to proceed; Commission for Social Care Inspection substituted as second defendant; Mr Moore's appeal stayed and listed with judicial review proceedings.

Orders

  • Permission granted for judicial review.
  • Commission for Social Care Inspection substituted as second defendant.