Facts: as a result of a re-organisation of its services, Southend decided to close one of its day centres for those ordinarily resident in adjacent authorities, subject to the provision of support services to enable friendship groups to be maintained. J and others (who were ordinarily resident in Essex) sought a judicial review on the ground that Southend had failed to undertake community care assessments, and that the decision would breach Article 8 ECHR.

Judgment: Newman J held Southend was entitled to proceed on the basis that Essex would assess the needs of persons ordinarily resident in Essex and that Essex would meet the needs of those persons; any interference with Article 8 rights was justified by the policy purpose of enhancing the autonomy of service users and by the mitigating steps proposed and, in any event, there had been undue delay in applying for judicial review.