The WLR Daily case summaries
[2019] WLR(D) 541
Court of Appeal
R (CP) v North East Lincolnshire Council
[2019] EWCA Civ 1614
2019 June 19; Oct 3
Flaux, Moylan, Haddon-Cave LJJ
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 when appeal to tribunal outstanding— Whether local authority acting unlawfully— Whether any previous unlawfulness relevant —
Children and Families Act 2014 (c 6), ss 21(5), 37(1), 51
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Care Act 2014 (c 23), s 26