Jenni Richards QC

Year of call:
1991
Silk:
2011
Email:
jenni.richards@39essex.com

Clerks:
+44 (0)20 7832 1111

“A star performer admired by clients, opponents and the court alike.”
Chambers & Partners 2016

Jenni Richards has an extensive public law and regulatory practice acting for individuals, public bodies and public interest groups in all areas affected by public law and regulation. She is recognised as “a star of the bar” and as being “as brilliant on her feet as she is on paper” (Chambers & Partners). She is a versatile advocate, appearing regularly in the High Court, Court of Appeal and Supreme Court, the Court of Protection and before a range of tribunals.

Recent/current work includes representing a mother who wished to export her late daughter’s frozen eggs to the US in judicial review proceedings against the HFEA;  representing the Local Government Association in an appeal concerning the NHS’s powers to commission PrEP (a treatment which reduces the risks of HIV infection);  and representing a cohort of junior doctors in a challenge to Jeremy Hunt’s decision to introduce a new contract for junior doctors.

Administrative & Public


Jenni’s public law expertise includes local government, human rights, mental health, health care, social (community) care, financial services, education, prison law and immigration/asylum. She is frequently asked to advise public bodies, especially local authorities, health trusts and regulatory bodies on a wide range of issues relating to their powers and duties, consultation processes, regulatory processes, budgetary decision-making and compliance with the Human Rights Act. Current/recent cases in which she acted or is advising include: representing a couple in judicial review proceedings challenging the refusal of the Human Fertilisation and Embryology Authority to allow the expert of their late daughter’s frozen eggs, representing two doctors in a judicial review of an adverse report from the Parliamentary and Health Service Ombudsman, representing the General Medical Council in a judicial review of its guidance relating to assisted suicide and representing a private prison in a challenge to segregation brought by a high-profile female prisoner with a whole life tariff.

Regulatory & Disciplinary


Jenni’s regulatory and disciplinary work covers a wide range of areas. She has a particular interest in financial services regulation and has represented the Financial Services Authority in R (Canada Inc) v FSA [2011] EWHC 2766 (Admin) and R (T) v Secretary of State for the Home Department [2014] UKSC 35 as well as in various enforcement proceedings in the Upper Tribunal. She has appeared before CIPFA and has advised the ICAEW. Recent advisory work has included advising a regulator on intervention in a forthcoming Supreme Court case concerning sanctions for professional misconduct, advising a regulator on the lawfulness of its guidance to registrants and advising a regulator on policies and procedures in relation to obtaining and relying upon evidence from children and vulnerable adults. Jenni has particular expertise in the regulation of health care professionals by the GMC, HCPC and others, the regulation of fertility services by the Human Fertilisation and Embryology Authority, the regulation of hospitals and care homes and the regulation of teachers. She acts for regulators and for individual professionals facing fitness to practise or disciplinary allegation in proceedings before conduct/fitness to practise panels, in statutory appeals and in judicial review challenges. Recent work includes representing a leading psychoanalyst in disciplinary proceedings before a non-statutory body, representing fertility practitioners in licensing proceedings before the Human Fertilisation and Embryology Authority and representing the Health and Care Professions Council in a judicial review of a decision not to refer a case to a conduct committee.

 

Inquests & Inquiries


Jenni has extensive experience in difficult and sensitive inquests and inquiries, in particular those in which there is a public component such as the responsibility of the state in relation to the cause of death. She has represented local authorities, NHS trusts, central government, families, employers and other properly interested persons at inquests ranging in subject matter from asbestos exposure to deaths in custody. She has been involved in many leading cases concerning the investigative and substantive obligations under Article 2 of the European Convention on Human Rights, including Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74, Rabone v Pennine Acute Hospitals Trust [2012] UKSC 2, and R (Lewis) v HM Coroner for Shropshire [2009] EWCA Civ 1403. Jenni represented the Yorkshire Ambulance Service at the Hillsborough Inquests.

Mental Capacity


Jenni is often instructed in the most complex or novel cases under the Mental Capacity Act involving difficult decisions relating to capacity, medical treatment (especially end of life cases) and deprivation of liberty. She is currently advising in relation to the threatened move of a number of long-term residents from a specialist learning disability facility. She acted for the family of Mr L, a severely brain damaged Muslim man in a challenge to a hospital’s decision to withhold life-saving treatment contrary to his religious principles. She represented the local authorities in the Supreme Court appeals in Cheshire West and Chester Council v P/P and Q v Surrey County Council, concerning deprivation of liberty under the Mental Capacity Act. She has a particular interest in the interaction between the Court of Protection’s jurisdiction and public law.

ADR


Jenni is an experienced mediator, who trained with CEDR. As counsel, she is frequently involved in dealing with matters through mediation and many of her cases are resolved successfully without the need for judicial determination. As a mediator she focuses upon judicial review disputes (of all kinds) and Court of Protection cases. She has acted as mediator in a range of cases involving disputes between individuals and public bodies, including disputes over the provision of services to individuals, as well as disputes between different public bodies as to their respective responsibilities.

 

Local Government


Jenni’s local government practice is wide-ranging. She has carried out an independent standards investigation into allegations of misconduct on the part of the leader of a county council. Recent cases in which she acted or advised include: acting for a local authority in an appeal to the Upper Tribunal on the qualifying criteria for exempt accommodation under the housing benefit regime; advising a local authority in relation to challenges to its setting of care home fee levels; and representing a local authority in a claim for damages under the Human Rights Act arising out of alleged failures to protect a vulnerable service user. In the education field she acts for local authorities, individuals, statutory regulators and educational establishments. Past education work includes advising higher education institutions on issues relating to HTS status and Tier 4 guidance, on disputes with students over course provision and the requirements for ATAS certificates, and representing a pupil in a claim against a school for breach of Articles 3, 5, and 8.

 

Recommendations


Jenni is recommended as a leading silk in Administrative & Public Law, Civil Liberties & Human Rights, Court of Protection, Local Government, Mediation, Professional Discipline and Community care in Chambers & Partners.  Jenni is also ranked by The Legal 500 in Administrative and public law (including local government), Inquests and Inquiries and Civil liberties and human rights.

Quotes

“Always has the ear of the court and can quickly destroy an opponent’s argument” Legal 500 2016

 “A leading silk for all things Court of Protection. A star performer admired by clients, opponents and the court alike.” “You go to her for technical excellence and a measured approach.” Chambers & Partners 2016

 “She’s calm, very well prepared and nothing throws her.” Chambers & Partners 2016

Obviously excellent. She is a pleasure to work with and a really tough advocate.” Chambers & Partners 2016

She is just brilliant. She is strategic, very clear and her written work is excellent.” “She is thorough and a strong advocate.” Chambers & Partners 2016

“Extremely clever and pragmatic.”
A highly impressive advocate.”
“Highly impressive” Legal 500 2015

“She has a big brain and really gets behind the case. Her commitment is incredible. She represents with passion.” “She is consistently brilliant, both on paper and in court.”
“Her advocacy is brilliant – she’s exceptionally hard-working and truly believes what she does, which really shines through.” “She is a leading silk, particularly in relation to mental health issues.”
“She’s fantastic – she has a huge knowledge of this field, is a very persuasive advocate and is well-rounded and versatile.” “She’s very good to work with, invariably pleasant with opponents, but also has a steely core, and is extremely robust in defence of her clients’ interests.”
“One of the best around, who is both extremely clever and pragmatic; she understands capacity law inside out.” “Her advocacy is brilliant; she’s exceptionally hard-working and truly believes in what she does.”
“A very compassionate person, who has fabulous advocacy skills and a vast knowledge of the law.” Chambers & Partners 2015

“A true star.”
“An incredible advocate; knowledgeable, helpful and a safe pair of hands.” Legal 500 2014

“If I had a case which required leading counsel, I would go to her without a doubt.” “She is a knowledgeable, well-organised and enthusiastic specialist who shows impressive commitment.” “She is a class act. She is very easy to deal with, great with clients and a very robust advocate.” “Consistently brilliant, both on paper and in court.””She is very bright, and an aggressive and effective advocate.” “A very skilled advocate. She is extremely good at absorbing large amounts of information and has a down-to-earth approach.” “She is a superb local government all-rounder, and someone you want on your side.” “She’s very businesslike and gets on with it. She knows how to advance things,” “She is supremely knowledgeable when it comes to regulatory law, and confident and assertive in court.”“She is truly excellent in terms of her attention to detail. She can drill down into large amounts of paperwork on many people and still pick out the perspective of one individual.”  Chambers & Partners 2014

“‘knowledgeable’ and ‘persuasive’, and has ‘excellent advocacy skills’” Legal 500 2013

“a guru of all things public law”, “incredibly bright”, “can turn her hand to anything”, “very clear, very logical and great at cutting to the chase and identifying the key issues” Chambers & Partners 2013

“clever and incisive, and thinks about cases strategically and from all perspectives”, “depth of knowledge in public and human rights law is astonishing” Legal 500 2012

“excellent with clients and always manages to somehow get the judge on her side”, “outstanding knowledge of health and welfare matters”, “great on her feet”, “adds to the ranks of the set’s outstanding silks” Chambers & Partners 2012

“highly rated”, “always a pleasure to work with”, “outstanding” Chambers & Partners 2011

“extremely clever and imaginative,” Chambers & Partners 2010

“a consummate expert in the field of community care and enjoys one of the highest profiles in the arena. Advising local authorities on their powers and duty of care is her particular forte” Chambers & Partners 2010

“a bullish opponent who’s as brilliant on her feet as she is on paper.” Chambers & Partners 2009

“she’s friendly, approachable and great to have on your side” Chambers & Partners 2009

“committed, hard-working and imaginative” Chambers & Partners 2009

“a complete star” Legal 500 2009

“she manages to fight her corner, whilst remaining charming and measured” Chambers & Partners 2008

“a genuine expert” Legal 500 2008

A “tenacious advocate, who can be relied upon to put the point across in a forceful way … astute and level-headed” Chambers & Partners 2007

Related Cases


R (M) v Human Fertilisation and Embryology Authority [2016] EWCA Civ 102, [2015] EWHC 1706 (Admin)
Challenge to refusal of HFEA to allow the export of the claimants’ late daughter’s frozen eggs for the purposes of fertility treatment abroad

ARGC v Human Fertilisation and Embryology Authority [2016] EWHC 460
Claim against HFEA by licensed clinic for misfeasance in public office

R (Miller) v Parliamentary and Health Service Ombudsman [2015] EWHC 2981 (Admin)
Judicial review by two GPs of adverse report by PHSO

R (AM) v General Medical Council [2015] EWHC 2096 (Admin)
Challenge to GMC’s guidance to doctors concerning involvement in assisted suicide

Parchure v General Medical Council [2015] EWHC 2850 (Admin)
Doctor’s appeal against findings of professional misconduct.

R (Gordon-Jones) v Secretary of State for Justice [2014] EWHC 3997 (Admin)
Prisoner’s challenge to the prison book ban upheld.

T & others v Secretary of State for Justice & various intervenors [2014] UKSC 35
Challenge to regime requiring disclosure of past convictions and cautions.

R (Rose) v Thanet Clinical Commissioning Group [2014] EWHC 1183 (Admin)
Patient’s challenge to CCG policy on funding egg freezing

P v Cheshire West and P and Q v Surrey County Council [2014] UKSC 19
Wide ranging implications on the meaning of deprivation of liberty under Article 5 ECHR

R (LH) v Shropshire County Council [2014] EWCA Civ 404
Judicial review of closure of learning disability day centres

Levett v Health and Care Professions Council [2014] EWHC 994
Appeal against decision striking off health registrant for misconduct

Warren v Care Fertility Ltd [2014] EWHC 602
Ground-breaking claim to enable widow to use deceased husband’s sperm

IM v LM & Ors
The judgment in this case clarified the Court’s position on the correct approach to determining capacity to consent to sexual relations

R (on the application of (1) Samar Alami (2) Jawad Bbotmeh) (Claimants) v health & Care Professions
Council (Defendant) & Susan Young (Interested party) (2013) Judicial review of the decision of the HCPC’s. Investigating Committee that there was no case to answer by a psychologist who had undertaken risk assessments of the claimants whilst they were in prison

North Dorset NHS Primary Care Trust v Coombs [2013] EWCA Civ 741
Whether a patient detained under the Mental Health Act 1983 can self-fund

Schofield v Teaching Agency (Admin Court, April 2013)
Statutory appeal against decision to impose a prohibition order on a headteacher

SB v A Local Authority [2012] EWCA Civ 69
Challenge to fact-finding in combined Court of Protection/care proceedings

R (R & others) v CAFCASS [2012] EWCA Civ 853
Judicial review in relation to failures of CAFCASS to allocate guardians in care proceedings

R (Asian Music Circuit) v Arts Council England [2012] EWHC 1583 (Admin)
Judicial review of funding cuts by Arts Council England

Rabone v Pennine Care NHS Trust [2012] UKSC 2
Whether an operational duty to protect life under Article 2 ECHR was owed to an informal patient; whether and if so in what circumstances a person “lost” victim status for the purposes of the Human Rights Act

Wirral MBC v Salisbury Independent Living [2012] EWCA Civ 84
Correct construction of Housing Benefit and Council Tax (Decisions and Appeals) Regulations 2001 – whether a landlord was a person affected by a housing benefit determination and had a right of appeal

A Local Authority v H [2012] EWHC 135 (COP)
Test for capacity to consent to sexual relations under the Mental Capacity Act

Levinge v Health Professons Council [2012] EWHC 135 (Admin)
Appeal against a decision of the Health Professions Council that the registrant music therapist’s fitness to practise was impaired

Cheshire West and Chester Council v P [2011] EWCA Civ 1257
In what circumstances did the arrangements for an incapacitated adult’s care and accommodation constitute a deprivation of liberty under Article 5 ECHR

R (Palmer) v HM Coroner for Worcestershire [2011] EWHC 1453 (Admin)
Whether coroner was obliged to resume inquest; extent of duty under Article 2 ECHR owed by local authority to vulnerable service user

R (on the application of Canada IncA) v Financial Services Authority [2011] EWHC 2766 (Admin)
An application to continue an interim injunction restraining the Financial Services Authority from publishing a decision notice was refused where the conclusions reached in that notice were already in the public domain, and where the regulatory authority had correctly interpreted the nature of its broad statutory power to publish where “appropriate” under the Financial Services and Markets Act 2000 s.391(4)

AH v Hertfordshire Partnership NHS Foundation Trust & others [2011] EWHC (CoP)
Whether the move of severely learning disabled adults from an NHS campus was in their best interests and the relevance of national policy on campus closures to individual best interests decision-making

Salisbury Independent Living v Wirral Borough Council [2011] UKUT 44 (AAC)
Decision of the Upper Tribunal that a landlord providing supported accommodation is entitled to appeal in its own right against decisions of local housing benefit authorities

Rice v Health Professions Council (Administrative Court, May 2011)
Challenge to decision of the Health Professions Council striking off a paramedic

R (L) v Leeds City Council [2010] EWHC 3324 (Admin)
Judicial review of local authority’s decision not to provide treatment room for seriously ill children

R (KS) v London Borough of Croydon [2010] EWHC 3391 (Admin)
Duties of local education authority under section 19 of the Education Act to looked after asylum seeking children

R (Shah) v National Health Service Litigation Authority & others [2010] EWHC 2575 (Admin)
Amenability to judicial review of decisions of the Family Health Services Appeal Unit

R (on the application of Michael Mwanza) v Greenwich London Borough Council , Bromley London Borough Council [2010] EWHC 1462 (Admin)
The nature and scope of local authorities’ responsibilities to provide after-care services under section 117 of the Mental Health Act 1983 s.117 and the circumstances in which the duty might cease

Savage v South Essex Partnership NHS Foundation Trust [2010] EWHC 865 (QB)
The NHS Trust breached the operational duty in Article 2 of the ECHR by failing to prevent the suicide of a detained patient. The claimant (the patient’s daughter) was a victim for the purposes of the Human Rights Act and was entitled to damages

Raphael t/a Orleans v Highbury Corner Magistrates Court & London Borough of Islington [2010] EWHC 1502 (Admin)
Legality of local authority’s scheme of delegation for licensing decisions

XCC v MA and others [2010] EWHC 3382 (Fam)
Capacity to marry and consent to sexual relations of adult with learning disabilities and duties of professionals in non-capacitous marriage cases

LD v London Borough of Havering (CoP, 25 June 2010)
The principles governing the exercise of the Court’s power under the Mental Capacity Act to appoint welfare deputies

R (Buckinghamshire CC) v Kingston-upon-Thames [2010] EWHC 1703 (Admin)
Whether one local authority was under a duty to consult another before making arrangements for the provision of community care services that would have the effect of transferring responsibility for the service user

R (Lewis) v HM Coroner for the Mid & North Division of Shropshire & Secretary of State for Justice [2010] 1 WLR 1836
Whether the investigative obligation in Article 2 ECHR required a jury, in an inquest concerning a death in custody, to consider a fact or circumstance which was only potentially causative rather than actually causative of the death

R (Manchester City Council) v St Helens Borough Council [2009] EWCA Civ 1348
A local authority in whose area a relevant person was ordinarily resident had a duty to provide and fund community care services, even though another local authority might have set up the care package

R (JL) v Secretary of State for Justice [2009] EWCA Civ 2416
Whether an investigation under Article 2 ECHR into a near suicide of a prisoner satisfied the requirement of independence and promptness

R (on the application of F & Ors) v Wirral Borough Council [2009] EWHC 1626 (Admin)
Appropriateness of judicial review as a means of challenging assessments and decisions by a local social services authority as to the provision of community care services

Savage v South Essex Partnership NHS Foundation Trust & MIND [2009] 1 AC 681
Leading House of Lords case on the scope and application of the substantive obligation imposed by Article 2 ECHR: whether hospital authorities are under an operational duty to do all that could reasonably be expected to prevent a patient detained under the Mental Health Act from committing suicide

R (DB & ors) v Worcestershire County Council (QBD) [2009] EWHC 2613 (Admin)
Challenge to decision of a local authority to reconfigure day care services

R (on the application of Lloyd Subner) v Health Professions Council [2009] EWHC 2815 (Admin)
Whether delay in fitness to practise proceedings breached the right to a fair trial in Article 6 ECHR

Stanley Muscat v Health Professions Council [2009] EWCA Civ 1090
The principles governing the admission of fresh evidence in appeals from the decisions of disciplinary bodies

R (HBH) v Secretary of State for the Home Department (Defendant) & Crown Prosecution Service [2009] EWHC 928 (Admin)
The lawfulness of the methodology used to assess age for the purpose of determining whether asylum seekers should be prosecuted for an immigration offence

R (Parkes & Ors) v Secretary of State For The Home Department [2008] EWHC 3107 (Admin)
Meaning of “conflict of interest” within Secretary of State’s policy on funding separate representation for prison officers at inquests

R (MT) v Secretary of State for the Home Department [2008] EWHC 1788
Whether the Secretary of State is under a duty to conduct proactive inquiries as to whether an asylum seeker had been tortured before deciding whether to detain her under the fast-track procedure

Hutchinson v General Dental Council [2008] EWHC 2896
Challenge to decision of professional conduct committee striking off dental practitioner

Reyburn v Health Professions Council [2008] EWHC 476
Appeal against a decision of fitness to practice panel

AN & SS Sri Lanka CG [2008] UKAIT 00063
Country guidance onSri Lanka

BK (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 510
Whether returning HIV positive failed asylum seeker toZimbabwewas a breach of human rights

AK v (1) Central & North West London Mental Health NHS Trust (2) Kensington & Chelsea Royal London Borough Council (QBD) [2008] EWHC 1217 (QB)
Whether a duty of care arose out of the failure of a local authority to provide after-care/community care services to a service user

R (AW & others) v London Borough of Croydon & others (CA) [2007] EWCA Civ 266
The respective responsibilities of local authorities and the Secretary of State for the provision of support to failed asylum seekers

CH (Jamaica) v Secretary of State for the Home Department (CA) [2007] EWCA Civ 792
Lawfulness of Secretary of State’s conclusion that an applicant for leave to remain did not come within the discretionary marriage policy

(1) S (2) C (by her litigation friend S) (3) D (by his litigation friend S) v Secretary of State for the Home Department [2007] EWHC 1654 (Admin)
A decision to detain a mother and her two young children after the refusal of her asylum claim under the fast-track procedure was unlawful and an infringement of the European Convention on Human Rights

HK (Turkey) v Secretary of State for the Home Department (CA) [2007] EWCA Civ 1357
The legality of the detention of asylum seekers claiming to be victims of torture

AI v Secretary of State for the Home Department [2007] EWCA Civ 386
What evidence should be considered under the Immigration Rules when determining an application for indefinite leave to remain as a victim of domestic violence

LP (LTTE area – Tamils – Colombo) Sri Lanka CG [2007] UKIAT 00076
Country guidance on Sri Lanka

R (F) v Healthy Futures [2007] EWHC 1611 (Admin)
Lawfulness of consultation process on health service reorganisation

JE v DE, Surrey County Council and EW [2006] EWHC 3459 (Fam)
Whether arrangements for the accommodation in residential care of an elderly man constituted a deprivation of liberty under Article 5 of the ECHR

Scholes v Secretary of State for the Home Department (CA) [2006] EWCA Civ 1343
The scope of the investigative obligation under Article 2 ECHR – whether the Secretary of State’s refusal to hold a public inquiry into the suicide of a juvenile in custody was lawful

R (D and K) v Secretary of State for the Home Department [2006] EWHC 980 (Admin)
The effect on the legality of detention of the failure of the detaining body to conduct a medical examination of detained asylum seekers

ID & others v Home Office [2006] 1 WLR 1003
Inter-relationship between the tort of false imprisonment and the powers of immigration officials under the Immigration Act 1971

R (I & O) v Secretary of State for the Home Department [2005] EWHC 1025 (Admin)
Lawfulness of the policy/practice of the Secretary of State in age dispute cases

Cavanagh, Bhatt & Redmond v Health Service Commissioner (CA) [2005] EWCA Civ 1578
Whether the Health Service Ombudsman under the Health Service Commissioner Act 1993 had the jurisdiction to investigate matters not raised in original complaint

Council for the Regulation of Healthcare Professionals v (1) GMC (2) Dr Rajeshwar (QBD) [2005] EWHC 2973 (Admin) Whether the GMC under-prosecuted the case against a GP and whether the penalty imposed by the GMC was unduly lenient

Council for the Regulation of Healthcare Professionals v (1) Health Professions Council (2) Jellett (QBD)[2005] EWHC 93 (Admin)
Whether unduly lenient penalty was imposed on a physiotherapist and the admission of fresh evidence on appeal

MP (Trafficking-Sufficiency of Protection) Romania [2005] UKIAT 00086
Sex trafficking inRomania- extent of protection available fromRomaniaauthorities – country guidance case

R (Husan) v Secretary of State for the Home Department [2005] EWHC 189 (Admin)
Legality of the inclusion of Bangladesh on the list of countries in section 94 of the Nationality, Immigration and Asylum Act 2002

E v Channel 4 & others [2005] EWHC 1144 (Fam)
Whether an interim injunction should be granted to restrain the broadcast of a film about an adult whose mental capacity to consent was in issue

A Local Authority v Z (Fam) [2005] 1 WLR 959
A local authority had a duty to investigate the position of a disabled person who wished her husband to arrange assisted suicide for her in Switzerland

CF v Secretary of State for the Home Department [2004] EWHC 111 Fam
The role of the court in reviewing the Secretary of State’s decision to separate mother and child in prison

R (Davies) v Secretary of State for the Home Department [2004] EWHC 1512 (Admin)
Whether restricting a prisoner’s access to his own home breached Article 8 ECHR

R (Khan) v Oxfordshire County Council and Office of the Deputy Prime Minister [2004] EWCA Civ 309
Scope of section 2 of the Local Government Act 2000

R (K) v Lambeth LBC (CA) [2004] 1 WLR 272
Scope of local authorities’ powers to provide support under the Nationality Immigration and Asylum Act 2002

PS (Ltte-Internal Flight-Sufficiency of Protection) Sri Lankan CG (Nos 1 & 2) [2004] UKIAT 00297
Country guidance case concerning the extent of the risk from the LTTE and sufficiency of protection in Colombo

Uttley v Secretary of State for the Home Department (HL) [2004] 1 WLR 2278
The prohibition on retrospective penalties in Article 7 of the European Convention on Human Rights

SP v Secretary of State for the Home Department [2004] EWHC 1418 (Admin)
Duty to act fairly in relation to decisions concerning juvenile detention

Mid-Devon District Council v First Secretary of State (QBD) (March 2004)
Whether private persons can claim immunity from planning control in respect of Crown development on non-Crown land

R (Goldsmith) v London Borough of Wandsworth [2004] EWCA Civ 1170
Flawed local authority decision-making process in planning move of elderly service user from residential to nursing care

R (BP) v Secretary of State for the Home Department (QBD) [2003] EWHC 1963 (Admin) Whether the segregation of juvenile prisoners breached Articles 3 or 8 of the European Convention on Human Rights

R (A, B, X & Y) v East Sussex County Council and Disability Rights Commission (2003) 6 CCLR 177 and 193
The duties of local authorities under the Human Rights Act regarding the manual lifting of disabled service users and the participation in community life of disabled persons.

R (Bernard) v Enfield London Borough Council (2003) UKHRR 4
Whether the failure to provide community care services gave rise to a claim for damages under the Human Rights Act

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