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Administrative law - Essay Example

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Barry was born in 1915 and suffered severe dizzy spells and nausea at the age of 82years which incapacitated her ability to perform various tasks (House of Lords, 1997)…
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Download file to see previous pages isability act it is deemed statutory that individuals with such incapacitation be assisted and financed to enhance their ability to attain their potential with sustainable resources. Barry was therefore, referred to the social department of Gloucestershire council on 15 September which adequately assessed her needs and made arrangements to provide her with the services (Aden Chambers, 2010). As assessed he was to be supported with home care support for shopping, pension, laundry and cleaning services and provision of meals on wheals 4 days a week. She used to receive routine visits from the department officials where nearly after some time her needs were re assessed and identified to be the same. However, on 29 September 2004 after the review she received communication from the department stating a drop on some key services offered by the local authority citing lack of sufficient funding from the central Government (Diamond 2009, P, 345). This solidly initiated the need for legal redress to enable provision of entire services by the department. The case was heard and determined by judges as analysed below (Aden Chambers 2010).
In his outset assertion based on legal provisions of the land, Judge Lloyd categorically stated that the local department had a statutory duty of providing disadvantaged individuals with necessary life essentials (Pumwar and Peloquin, 2011, p. 63). Although he ruled that the local council had no power to regulate percentage resources allocated by the central Government, he noted that local authority had an obligatory duty to discharge and that their resource constraints had no bearing. He state that once the assessment and amicable agreement was done the department in whatever state should have not reneged from providing the services to Barger (Kaldor, 2003, p.56). He stated in his ruling “The defendant’s actions were unlawful for the reason that on the sole basis of having exhausted available resources, withdrawn services previously ...Download file to see next pagesRead More
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