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R (Wilson) v Coventry CC, R (Thomas) v Havering LBC
[2008] EWHC 2300 (Admin), (2009) 12 CCLR 7
 
16.42R (Wilson) v Coventry CC, R (Thomas) v Havering LBC [2008] EWHC 2300 (Admin), (2009) 12 CCLR 7
The decision to close care homes was not incompatible with Article 2 on account of the risks to life and was otherwise lawful
Facts: Coventry and Havering resolved to close a number of care homes, occupied by elderly residents who suffered from dementia or were physically disabled. The claimants sought a judicial review on the basis that officers had failed adequately to communicate to decision-makers the risk of serious injury or death resulting from such closures, failed to undertake adequate assessments of individual residents prior to the decisions to close, (in the case of Havering) failed to communicate to decision-makers a fair assessment of the financial implications. The claimants also submitted that the decisions were incompatible with Article 2 ECHR.
Judgment: Deputy High Court Judge Pelling QC held that there was no requirement to undertake individual assessments before deciding to close a care home, that officers had fairly communicated to decision-makers the risks involved and the financial implications and that, having regard to the broad measure of judgment accorded to public authorities, there had not been any breach of Article 2 ECHR.
R (Wilson) v Coventry CC, R (Thomas) v Havering LBC
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