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R (Goldsmith) v Wandsworth LBC
[2004] EWCA Civ 1170, (2004) 7 CCLR 472
 
10.17R (Goldsmith) v Wandsworth LBC [2004] EWCA Civ 1170, (2004) 7 CCLR 472
The assessment was not sufficiently careful to justify significant service reduction
Facts: after she fell and required hospital treatment, Wandsworth decided that Mrs Goldsmith should be moved from her residential care home to a nursing care home. Mrs Goldsmith wished to remain where she was, with some additional support, Wandsworth and Mrs Goldsmith’s daughter each secured expert evidence supporting their point of view.
Judgment: the Court of Appeal (Brooke, Chadwick and Wall LJJ) allowed Mrs Goldsmith’s appeal, holding that the relevant decision-making panel had not kept minutes or disclosed its reasons or membership and it did not have before it an assessment completed by one of Wandsworth’s own social workers, that indicated that the residential care home could continue to look after Mrs Goldsmith, with the additional support it was willing to provide. Its findings, therefore, were seriously vitiated; also, because of its reliance on the report of an expert instructed by Wandsworth, because of the partial manner of the instructions. Ultimately, Wandsworth had failed to take a rounded decision, having regard to all relevant matters, and to articulate that decision clearly.
R (Goldsmith) v Wandsworth LBC
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