||All England Reporter
|| All ER (D) 111 (Aug)
|| EWHC 1894 (Admin)
||Queen's Bench Division (Administrative Court)
||Ian Wise (instructed by Irwin Mitchell) for the claimant.
||Roger McCarthy QC (instructed by Mills & Reeve) for the defendant.
||26 August 2005
Human rights - Private and family life - Health care - Claimant having significant health problems requiring high level of care - Health authority deciding in favour of residential health care package and against home care package - Whether authority having sufficient regard for claimant's right to respect for her family life - European Convention on Human Rights, art 8.
In deciding that a residential care package was the preferred choice over a home care package in respect of the claimant, who had very considerable health care problems, the defendant trust had failed to pay sufficient regard to her right to respect for her family life under art8 of the Convention.
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