Alloway, R (on the application of) v London Borough of Bromley, Court of Appeal - Administrative Court, August 17, 2004, [2004] EWHC 2108 (Admin)
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Alloway, R (on the application of) v London Borough of Bromley, Court of Appeal - Administrative Court, August 17, 2004, [2004] EWHC 2108 (Admin)
SMITH BERNAL WORDWAVE
CO/3017/2004 Neutral Citation Number: [2004] EWHC 2108 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2 Tuesday, 17th August 2004 B E F O R E:MR JUSTICE CRANE - - - - - - -THE QUEEN ON THE APPLICATION OF STEPHEN ALLOWAY (BY HIS FATHER & LITIGATION FRIEND TREVOR ALLOWAY) (CLAIMANT)-v- LONDON BOROUGH OF BROMLEY(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) - - - - - - -MISS B HEWSON (instructed by OMERODS) appeared on behalf of the CLAIMANTMR P DARBY (instructed by LONDON BOROUGH OF BROMLEY) appeared on behalf of the DEFENDANT - - - - - - -J U D G M E N T Tuesday, 17th August 2004 1. MR JUSTICE CRANE: This is a claim for judicial review on behalf of Stephen Alloway, a young man of 19 with disabilities. He is profoundly autistic. He has severe learning difficulties and he suffers from petit mal epilepsy. Until recently Stephen was placed by the defendant, the London Borough of Bromley, at Purbeck View School in Dorset, a boarding establishment operated by the Hesley Group. It is accepted by all concerned that now his time at Purbeck has come to an end a placement is needed for him on a 52 week basis, a placement which is suitable for him. 2. His parents wish him to go to Hesley Village & College in Yorkshire, an establishment operated also by the Hesley Group. The defendant does not agree. The defendant authority say that Stephen should go to Robinia Care at their premises at Horndean, and at least at one stage were saying he could go to the Solent Residential Homes at Lee on Solent. 3. Although there is no dispute that the defendant authority should provide for Stephen's care at a suitable establishment, it must be borne in mind that the purpose of these proceedings is to review the legality of the defendants decision-making. It is not for the court to reach a decision of its own about what is best for Stephen. In these circumstances it is relevant to have in mind the legal framework, although there is little dispute in this case about the law. 4. Section 47(1) of the National Health Service and Community Care Act 1990 reads as follows: "Subject to subsections (5) and (6) below, where it appears to a local authority that any person for whom they may provide or arrange for the provision of community care services may be in need of any such services, the authority -(a) shall carry out an assessment of his needs for those services; and (b) having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services."5. I note in passing that subsections (5) and (6) provide in certain circumstances for a temporary placement. 6. In subsection (8) "community care services" is defined as having the same meaning as in section...See the full content of this document
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