Recent Care Act 2014 case law – ‘well-being’ principle explained for Lexis®PSL
Alex Line, counsel for the claimant in R (on the application of JF) v London Borough of Merton  EWHC 1519 (Admin), a recent decision of the High Court concerning the Care Act 2014, examines – in an article for Lexis®PSL – the practical implications of the judgment and the way it will influence practitioners when advising clients.
In this case, a young adult diagnosed with autistic spectrum disorder claimed that the assessment of his needs, as conducted by the defendant, was unlawful. The assessment report, which also included a proposal to transfer him to an alternative residential care setting, was quashed by the court.
The court ordered that a new assessment be undertaken by the local authority, it being noted by the court that “There is a clear statutory theme placing the individual at the heart and centre of the process so that he or she is fully involved in decision making. This is emphasised by the duty to have regard to the wishes and preferences of the individual.”
In a recent article for Lexis®PSL, Alex analyses the High Court’s judgement and assesses its implications. He answers the question of whether the judgment helps to clarify the law in this area, and argues that JF is an important case for the interpretation of the well-being principle in a developing area of jurisprudence.
The full article can be read here.
This article was first published on Lexis®PSL Local Government on 25 July 2017. Click for a free trial of Lexis®PSL.
Barristers: Alexander Line