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IN PRACTICE: Casenote:Arthur MacGregor v South Lanarkshire Council

This case involved a 90-year-old seeking judicial review of a decision of the South Lanarkshire Council. That was as regards delay in providing him with a suitable place in a care home. This time, unlike in the case of Yule (on the subject of liability to pay for care), that particular local authority came off worst. The impact may well be felt both north and south of the border, quite apart from by the other 199 people on South Lanarkshire Council''s waiting list. 106 of those were ''bed-blocking'' in hospital.

24 January 2001

IN PRACTICE: Casenote:
Arthur MacGregor v South Lanarkshire Council
(reported on 15th December 2000 reported at
www.scotscourts.gov.uk.)

This case involved a 90-year-old seeking judicial review of a decision of the South Lanarkshire Council. That was as regards delay in providing him with a suitable place in a care home. This time, unlike in the case of Yule (on the subject of liability to pay for care), that particular local authority came off worst. The impact may well be felt both north and south of the border, quite apart from by the other 199 people on South Lanarkshire Council's waiting list. 106 of those were 'bed-blocking' in hospital. A cynic might suggest that local authorities, without any reasonable prospect of clearing their waiting lists, might have been happy with 'bed-blocking'. This case indicates the limitations of the 'waiting list approach'. It may run to appeal...

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