Ireneschild, R (on the application of) v London Borough of Lambeth, Court of Appeal - Administrative Court, September 08, 2006, [2006] EWHC 2354 (Admin)
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Ireneschild, R (on the application of) v London Borough of Lambeth, Court of Appeal - Administrative Court, September 08, 2006, [2006] EWHC 2354 (Admin)
SMITH BERNAL WORDWAVE
CO/6469/2006 Neutral Citation Number: [2006] EWHC 2354 (Admin)IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2 Friday, 8th September 2006 B E F O R E:MR JUSTICE LLOYD JONES- - - - - - -THE QUEEN ON THE APPLICATION OF IRENESCHILD(CLAIMANT)-v- LONDON BOROUGH OF LAMBETH(DEFENDANT) - - - - - - -Computer-Aided Transcript of the Stenograph Notes of Smith Bernal Wordwave Limited190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court) - - - - - - -MS K MARKUS [MR J BURTON FOR JUDGMENT ONLY] (instructed by Bindmans) appeared on behalf of the CLAIMANTMR JON HOLBROOK (instructed by Sternberg Reed) appeared on behalf of the DEFENDANT- - - - - - - J U D G M E N T1. MR JUSTICE LLOYD JONES: This is an application for permission to apply for judicial review by Ms Linda Ireneschild who seeks to challenge the legality of a number of decisions of the defendant authority, the London Borough of Lambeth. The claim form was filed on 3rd August 2006, an acknowledgment service was filed on 21st August and on 25th August Collins J gave leave to amend the claim form to take account of certain developments which had occurred since the commencement of the proceedings, in particular the production by the defendant authority of a community care assessment which was served with the acknowledgment of service. Collins J directed a hearing within 14 days at which the application for permission, and, if permission were granted, the substantive application could be heard together. The decisions challenged, as set out in the amended claim form, are, first, the ongoing failure of the defendant to provide services to meet the claimant's needs in accordance with her present assessment; secondly, the ongoing failure of the defendant to complete a lawful assessment as to the claimant's accommodation and care needs; and, thirdly, the ongoing failure of the defendant to make arrangement for the provision of suitable accommodation for the claimant pending the completion of an assessment of her accommodation needs pursuant to section 47(5) of the National Health Service and Community Care Act 1990.2. The claimant, Ms Ireneschild, had in 1992 the great misfortune to suffer an accident, as a result of which she suffered serious back and neck injuries. As a result she lost the ability to stand and to move about unsupported. I am told that she is more or less in constant pain. She uses a wheelchair when out of doors. It is common ground that since September 2005 she has in an addition been suffering from urinary and faecal incontinence.3. Since the accident she has continued to occupy a flat at 78B Hubert Grove where she lived before the accident. She lives there with her sons, who are now aged 24 and 19, wh...See the full content of this document
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