The WLR Daily case summaries
[2018] WLR(D) 85
Queen’s Bench Division
Regina (CP) v North East Lincolnshire Council
[2018] EWHC 220 (Admin)
2017 Oct 5; Dec 7; 2018 Feb 9
Judge Graham Wood QC sitting as a High Court judge
Local government— Community care services— Persons in need of “care and support”— Claimant seeking judicial review challenging lawfulness of care plan provided by local authority— Challenge alleging unlawful refusal to make education and health care plan providing for special education placement— Issue of special education provision also subject of appeal to First-tier Tribunal— Whether local authority obliged to address social care aspects of special education provision where appeal to tribunal outstanding— Whether any breach of Convention right to education—
Human Rights Act 1998 (c 42), Sch 1, Pt II, art 2
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Children and Families Act 2014 (c 6), ss 21(5), 37(1), 51
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Care Act 2014 (c 23), ss 9, 24, 25