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R (Rodriquez-Bannister) v Somerset Partnership NHS and Social Care Trust
[2003] EWHC 2184 (Admin), (2004) 7 CCLR 385
 
9.89R (Rodriquez-Bannister) v Somerset Partnership NHS and Social Care Trust [2003] EWHC 2184 (Admin), (2004) 7 CCLR 385
A local authority may rationally prefer the views of its own expert as to what services to provide
Facts: Mr Rodriquez-Bannister was a 35-year-old man who suffered from Asperger’s Syndrome. His mother and Somerset were in dispute as to whether his needs could be met in supported accommodation or only in residential care. Each had sought independent expert evidence, but the experts disagreed.
Judgment: Somerset was entitled rationally to prefer the views of the independent expert it had commissioned and to consider that the concerns of the mother’s expert could be addressed. Also, it had not been not unfair to invite the mother to attend the complaints panel meeting that had considered her expert’s report: she had already attended an earlier meeting and her views would not have affected the decision.
R (Rodriquez-Bannister) v Somerset Partnership NHS and Social Care Trust
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