Hayley Trim's Analysis: A Local Authority v DL [2010] EWHC 2675

Mind the Gap: The inherent jurisdiction and common sense to the rescue

In the current climate of anxiety about the impact of financial cuts I was heartened to read the judgment of the President in A Local Authority v DL [2010] EWHC 2675 (fam) given on 25 October 2010. This was as the President said a highly unusual case. It seems to me to demonstrate a genuine concern on the part of the local authority which took a sensitive and thoughtful approach to a difficult issue supported by a common sense judgment from the court.

Mr and Mrs L were respectively 85 and 90 years old and lived with their son DL (who was in his 50s) in a house owned by Mr L. Mrs L was physically disabled and receiving twice daily visits from a care provider. The local authority was concerned about DL's...

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