FLETCHER, PETITION OF FRANK WILLIAM AS GUARDIAN IN PROPERTY AND FINANCIAL MATTERS OF LISA JOANNE SMART FOR JUDICIAL REVIEW OF THE FAILURE OF FIFE COUNCIL TO CARRY OUT THEIR STATUTORY DUTY UNDER SECTION 12A OF THE SOCIAL WORK (SCOTLAND) ACT 1968 [2015] ScotCS CSOH_183 (30 December 2015)

FLETCHER, PETITION OF FRANK WILLIAM AS GUARDIAN IN PROPERTY AND FINANCIAL MATTERS OF LISA JOANNE SMART FOR JUDICIAL REVIEW OF THE FAILURE OF FIFE COUNCIL TO CARRY OUT THEIR STATUTORY DUTY UNDER SECTION 12A OF THE SOCIAL WORK (SCOTLAND) ACT 1968 [2015] ScotCS CSOH_183 (30 December 2015)

The Council complied with its statutory duties by assessing Lisa's needs and determining that her needs called for the provision of community care services, but as those needs were being met and means were available, it was appropriate to make no payment under section 12B. The Council did not err in law or act...

Source-derived case information.

Citation
[2015] ScotCS CSOH_183
Parties
Petitioner: Frank William Fletcher; Respondent: Fife Council
Jurisdiction
Scotland
Judgment Date
30 December 2015
Procedural Posture
Judicial Review / First Hearing and Final Judgment
Outcome
petition dismissed
Legal Topics
Community Care Services, Statutory Duties of Local Authorities, Assessment of Needs, Means Testing, Judicial Review, Adults With Incapacity (scotland) Act 2000, Social Work (scotland) Act 1968, Self Directed Support (scotland) Act 2013
Public Law Social Welfare Law Administrative Law Community Care Services Statutory Duties of Local Authorities Assessment of Needs Means Testing Judicial Review +3 more

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Parties

Frank William Fletcher

Petitioner

Fife Council

Respondent

Procedural Posture

Judicial Review / First Hearing and Final Judgment

Legal Issues

  1. 1 Whether Fife Council failed to carry out its statutory duty under section 12A of the Social Work (Scotland) Act 1968 in respect of Lisa Joanne Smart's community care needs
  2. 2 Whether the Council erred in law by considering the provision of services by third parties or the individual's means at the assessment stage
  3. 3 Whether the Council was required to make a payment under section 12B of the 1968 Act

Ratio Decidendi

The Council complied with its statutory duties by assessing Lisa's needs and determining that her needs called for the provision of community care services, but as those needs were being met and means were available, it was appropriate to make no payment under section 12B. The Council did not err in law or act irrationally in its decision-making process.

Court Disposition

petition dismissed

Orders

  • Repel the pleas-in-law for the petitioner
  • Sustain the second and fourth pleas-in-law for the respondents