What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
SPOTLIGHT |
The High Court has refused an NHS trust permission for a judicial review challenge over a decision by three local councils to reject its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.
The planning application in question straddled the areas of Worcester City Council, Malvern Hills District Council and Wychavon District Council, with Worcester and Wychavon agreeing to delegate its determination to Malvern in late 2021.
Worcestershire Acute Hospitals NHS Trust submitted a request for £1.8m in financial contributions to cover the increased strain that the development would place on the Trust's services.
But the council refused the request, stating that the planning application had been subject to a detailed investigation with respect to viability. This prompted the Trust to pursue its legal challenge.
In a rolled-up hearing in R (Worcestershire Acute Hospitals NHS Trust) v Malvern Hills DC and Ors [2023] EWHC 1995 (Admin), Mr Justice Holgate considered the following grounds of argument:
Ground 5 was abandoned by the claimant before the hearing.
The judge found grounds 1, 2, 3, 4, and 6 unarguable and refused permission for the judicial review application.
Adam Carey