- Assessing rationality in social care decisions (R (Davey) v Oxfordshire County Council)
- Original news
- What is the significance of this case? Why is it important to practitioners?
- How helpful is this judgment in clarifying the law in this area? Are there any remaining grey areas? What are the practical implications of the judgment?
- How does this case fit in with other developments in this area of the law? Do you have any predictions for future developments in this area?
- Are there likely to be similar types of cases brought, and might there be any other potential means of challenge to decisions like the one of the local authority in this case?
Local Government analysis: Jenni Richards QC of 39 Essex Chambers discusses R (Davey) v Oxfordshire County Council, the first Court of Appeal case under the Care Act 2014 (CA 2014), and suggests the court has left open for argument the issue raised by the Equality and Human Rights Commission as to the significance of Article 19 of the UN Convention on the Rights of Persons with Disabilities.
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