Centre for Policy on Ageing



A study in fairness in the field of community care law (1)
Author(s)	Belinda Schwehr
Journal title	Journal of Social Welfare and Family Law, vol 19, no 2, 1997
Pages	pp 159-172
Keywords	Community care ; Law ; Rights [elderly].
Annotation	This article considers the courts' likely approach in public law litigation to the concept of fairness in community care decision making. A distinction is made between the idea that there should be certain standards of procedural fairness, and on the other hand, the more general notion of equity among all applicants for services, given the limited budgets of social service departments. The House of Lords decision, R v Gloucestershire County Council ex parte Barry, is analysed and commented on as to its significance for authorities, practitioners and users. The law of community care is in a mess, because Parliamentary draftsmen and the authors of government guidance have failed to consider the interrelationship of published eligibility criteria, absolute statutory duties, the public's legitimate expectations, and the consequences of council tax capping. (RH).
Accession Number	CPA-980108222 A
Classmark	PA: VR: IKR *
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...from the Ageinfo database published by Centre for Policy on Ageing.