R (on the application of B) v Newham London Borough Council
Case date: 19 October 2004
B was registered blind. Her family suffered from a number of health problems. The two elder children were both partially sighted. The youngest son, A, had a serious attention deficit disorder and was hyperactive. The youngest daughter, H, had no substantial disability but was lively and tended to imitate A’s behaviour.
Newham Council carried out a number of needs assessments under statutes which included the National Health Service and Community Care Act 1990 and the Carers and Disabled Children Act 2000. Under the relevant assessment, the authority agreed to provide four hours of home support care for A and H during the school week, nursery care for H three days a week, and weekend respite care for A once every two months.
B wanted six hours’ home support during the week, five days’ nursery care per week for H, and more frequent respite care for A. B applied for judicial review of the assessment.
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