The Medical Assessment form
52.The form specifically requested the Claimant to complete it in full if the Claimant asserted a medical or health condition. The Defendants stated that they would carefully consider the information and if necessary refer the form to their medical advisor. The Defendants advised the Claimant to give as much detail as possible because failure to do so could result in delay of the assessment. The form asked for medical letters or reports, prescriptions, hospital discharge summaries, disability benefit awards or employment and support allowance awards and a patient summary from the Claimant’s GP. The form stated that if the Claimant did not have supporting information and it was necessary to contact health professionals the Claimant was required to complete “in full” the details of those professionals. 53.The Claimant provided the 12 prescriptions which he asserted he was taking but in answer to the question “who is treating you?” he failed to give any response. In answer to the request for his NHS hospital number he left that section blank. He asserted he could walk, but less than 50 metres. This was an important answer because it is directly related to the use of stairs and being able to walk though his bathroom door to use his toilet. In answer to specific requests for the names addresses and contact details of his carers he wrote “unable to put their full details as they provide unpaid care due to the absence of the Westminster care package. I can provide their names and numbers later to support my case and explain their roles and care they provide.” This was an obviously unhelpful approach. In answer to the question whether he needed day care he provided no details. In answer to the question whether he needed night care he stated he was unable to move or manage the medications or his essential needs. In answer to the question whether he needed a care package from mental health services he responded “no”. Under Section 5 he was specifically provided with spaces to fill in the details of: his GP, his hospital consultants and any psychiatrist, psychologist or therapist and care manager. He left all of those sections blank. The Claimant did complete the Section 7 declaration and authorisation but that was not going to help the Defendants because he had not provided the details of any medical professional for the Defendants to contact.
- The Parties
- Bundles
- Summary
- The Issues
- Procedural Rigour and duty of candour
- CPR r.8.5(1) states:
- “Rule 54.16—Evidence
- Documents and evidence
- The background facts
- The history from the Ombudsman’s report
- Medical assessment result
- The Claimant’s medical records
- The Ombudsman’s decision
- Facts from the revised Grounds of Response
- The OT reports
- Current facts including the pleadings and chronology of the action
- The Medical Assessment form
- Consent to share form
- Income form
- Factual chronology continued
- The Claimant’s witness statements
- The grounds for the claim for judicial review
- Findings of fact
- Overview
- The homelessness application may trigger inquiries
- Accepting the application
- Definition of “homeless at home”
- Priority Need
- The Assessment
- Code of Guidance
- Notification of the decision
- The Main Duty to accommodate
- The “Relief Duty” to help to secure temporary accommodation
- Duty to provide interim accommodation for priority need applicants
- Discharge of Duty under s188(1)
- Applicants who refuse offers of suitable alternative interim accommodation
- Communication of decision on S.188(1) application/duty
- Public sector equality duty
- Case law
- from the time the authority has a reason to believe the relevant matters, until they determine the homeless application.”
- an immediate duty under s.188 to ensure that suitable accommodation is available for the applicant
- or to engage in inquiries outside the statutory scheme into whether the applicant is indeed homeless
- they cannot engage in non-statutory inquiries designed to (or which in fact) emasculate, dilute or “short-cut” the statutory requirements
- In the vast majority of cases, the making of the application will mean that it is difficult if not impossible for the council not to believe that the applicant may be homeless or threatened with homelessness.
- Equally, the authority is entitled to question a person who claims that he is homeless at home, to clarify whether, in fact, there is reason to believe that the accommodation occupied by that person is such that it may not be reasonable for him to continue to occupy it. It is simply not the case that every complaint about the condition of a property of which the Council, and no doubt other housing authorities, receive very many gives rise to such a reason to believe, despite the lowness of the threshold.
- what the applicant says together with the past history of the applicant as known to the authority
- Applying the law to the facts
- Clarification before accepting the duty under S.188(1)
- Factors
- Homeless at home after acceptance of the duty
- Suitability of the Park West Flat
- Notification
- Ground 1
- Ground 2.
- The offer
- The Claimant’s refusal
- Delay
- Did the Claimant actually request suitable alternative interim accommodation after 26.9.2022?
- Ground 3: PSED.
- Conclusions on the parties’ agreed list of issues
- The need for constant supervision.
- The expense of enforcement.
- The need for precision.
- Morris v. Redland Bricks Ltd. [1970] A.C. 652
- Unjust enrichment of the Claimant.
- R. v. Islington London Borough Council, ex p. B (1997) 30 H.L.R. 706, Q.B.D.
- Conclusions
