North Yorkshire County Council, ex p Hargreaves (The Times, 9 November 1994) (QBD)

Community care – respite provision – obligation to take preferences of the service user into account

In deciding what respite care provision to grant to the disabled applicant, the care manager had simply taken account of the preferences of the carer, without bothering to speak to the applicant, wrongly assuming that the preferences of the carer would be the same as those of the applicant service user. The assessment of the applicant was therefore invalid.

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