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SPOTLIGHT |
A High Court judge has rejected a judicial review challenge over an assessment of needs completed by a London borough under the Care Act 2014.
The claimant in VI, R (On the Application Of) v London Borough of Lewisham [2018] EWHC 2180 was a 55-year-old woman with muscular dystrophy, who was bed and wheelchair-bound and required carer support for all personal care.
The challenged assessment, which was issued in draft form on 7 February 2018 and finalised on 27 March 2018, confirmed a reduction in her care package from 104 hours to 40 hours of care per week which in practice had occurred in August 2017.
The claimant argued that the assessment was irrational, and/or unlawful in that it failed to comply with the Care Act 2014 and associated regulations, because:
The final relief sought by the claimant included (i) a declaration that the assessment was unlawful; (ii) an order quashing the assessment and requiring the defendant to undertake a fresh assessment.
However, Andrew Henshaw QC, sitting as a Judge of the High Court, dismissed the claim on all grounds.