Monthly Archives: May 2012
The Supreme Court has today handed down judgment in R (KM) v Cambridgshire CC, a challenge to the lawfulness of a care package for a severely disabled young man. Although the Supreme Court criticised the approach of the Court of Appeal the appeal was dismissed on its facts. The judgment given by Lord Wilson on behalf of six Justices re-emphasises the need for funding to be reasonably sufficient to meet the eligible needs of disabled people, no matter how expensive this may be for the state.
The Supreme Court approved the use of controversial Resource Allocation Systems only as a ‘first step’ in a lawful care planning process. The majority judgment also called for a ‘high intensity of review’ by the courts of the lawfulness and sufficiency of care packages for severely disabled people.
Read details in full here
The Department of Health’s Transition Risk Register from November 2010, which was a statement of potential risks of NHS changes, will not be published, following Cabinet agreement and a final decision made by the Secretary of State for Health.
The Secretary of State for Health sought the Cabinet’s views on the exercise of the Ministerial Veto in relation to the Information Tribunal’s ruling that the Transition Risk Register should be released – the Freedom of Information Act makes specific provision for the exercise of such a veto.
In light of the interest in this case, and in line with the Government’s commitment to be more transparent by opening up Government information, the Department of Health has today published a document that sets out key information relating to the areas of risks in the original Risk Register.
It also sets out the mitigating actions that have taken place since November 2010 and which are planned in the future, while protecting the language and form of the Risk Register.
Read details in full HERE