Centre for Policy on Ageing



Implications from the Gloucestershire pensioners' case — R v Gloucestershire County Council and another, ex parte Barry ...
Author(s)	Hilary Patrick
Journal title	SCOLAG Journal, Nov/Dec 1997
Pages	pp 175-178
Keywords	Community care ; Needs [elderly] ; Rights [elderly] ; Law ; Scotland.
Annotation	The House of Lords' judgment on the case R v Gloucestershire County Council and another ex parte Barry has implications for the future of the Chronically Sick and Disabled Persons Act 1970. Section 2(1) of the Act states that where a local authority is satisfied that it is necessary in order to meet the "needs" of a sick or disabled person to make certain arrangements, the local authority will be under a legal duty to make those arrangements. This article outlines ways in which such "needs" are defined. Michael Barry, one of the Gloucestershire pensioners, had had cleaning and laundry services withdrawn which had previously been acknowledged as a "need". The judgment made was that a local authority is entitled to take resources into account when deciding the need of disabled people under the Act. This article examines the implications of the judgment for Scots law, the rights still available under the Act, and the campaign, Needs Must, set up to fight for the law to be changed. (RH).
Accession Number	CPA-981002208 A
Classmark	PA: IK: IKR: VR: 9A *
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