MacGregor, Re Application For Judicial Review [2000] ScotCS 317 (15 December 2000)

MacGregor, Re Application For Judicial Review [2000] ScotCS 317 (15 December 2000)

Once a local authority determines that an individual's needs require provision of community care services, it is obliged to make that provision; placing the petitioner on a waiting list without interim provision is ultra vires and an abdication of statutory duty.

Citation
[2000] ScotCS 317
Parties
Petitioner: Arthur MacGregor; Respondent: South Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
15 December 2000
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declarator granted; respondents acted ultra vires
Legal Topics
Community Care, Statutory Duties, Ultra Vires, Provision of Nursing Home Care
Administrative Law Social Welfare Law Community Care Statutory Duties Ultra Vires Provision of Nursing Home Care

Case Brief

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Parties

Arthur MacGregor

Petitioner

South Lanarkshire Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the local authority acted ultra vires by delaying provision of nursing home care
  2. 2 Whether statutory duties under the Social Work (Scotland) Act 1968 confer individual rights
  3. 3 Whether local authority resources are relevant in assessing individual needs

Ratio Decidendi

Once a local authority determines that an individual's needs require provision of community care services, it is obliged to make that provision; placing the petitioner on a waiting list without interim provision is ultra vires and an abdication of statutory duty.

Court Disposition

Declarator granted; respondents acted ultra vires

Orders

  • Declarator that respondents acted ultra vires
  • Case remitted to respondents to make urgent provision for residential nursing home care for petitioner