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R (Bishop) v Bromley LBC
[2006] EWHC 2148 (Admin), (2006) 9 CCLR 635
 
16.39R (Bishop) v Bromley LBC [2006] EWHC 2148 (Admin), (2006) 9 CCLR 635
Prior assessments were only required in exceptional cases
Facts: Bromley decided to close a day care facility attached to a care home, subject to alternative day services being made available for current service users. The claimant, a daughter of one of the service users, contended that the decision was irrational and undertaken without first assessing her mother’s needs.
Judgment: Deputy High Court Judge Parker refused permission to apply for judicial review, on the basis that Bromley had rational reasons for wanting to close this day care facility (cost and over-capacity) and this was not the exceptional type of case which require Bromley to fully assess all the service users’ needs before reaching its decision (applying R v North and East Devon Health Authority ex p Coughlan1[2001] QB 213, (1999) 2 CCLR 285.(see above para 16.27). Further, the likely impact was not such as to meet the Article 8 ECHR threshold.
 
1     [2001] QB 213, (1999) 2 CCLR 285. »
R (Bishop) v Bromley LBC
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