PERSONAL CARE

March 12th, 2025 by James Goudie KC

Under the Care Act 2014 the duty to promote an individual’s wellbeing is tailored to that individual’s needs, feelings, beliefs and best interests. This is reinforced by Statutory Guidance. The statutory provisions envisage that personal dignity and protection from abuse and neglect, in addition to other aspects of a person’s wellbeing will be promoted via the detailed needs assessment and care support plan created in each case. In R ( VRP ) v KINGSTON UPON THAMES RLBC ( ( 2025 ) EWHC 504 ( Admin ) the claimant applied for judicial review of the Council’s system for the provision of same-sex personal care for adult females. She argued that the Council had a duty to operate a system  that generally ensured, or had the object of ensuring, the provision of same-sex personal and intimate care for female service users. The argument failed. The Act did not support such a duty. Nor did the Equality Act or ECHR Articles 3 & 8.

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