A study in fairness in the field of community care law (II): Procedural fairness in practice

Abstract

The second part of this article looks at current trends in the law of procedural fairness in the general welfare field, so that predictions may be made for social services users and practitioners about what the courts would expect in terms of fairness from decision-makers in community care. The article analyses the legal status of government guidance and considers the new Carers (Recognition and Services) Act 1995. The pressing concern of practitioners and managers about what must be offered if the redrawing of eligibility criteria becomes necessary because of a shortage of resources is also considered, in the light of the recent RADAR case in point.

Key Words:

• judicial review
• community care
• procedural fairness
• government guidance
• assessment and review