Bryan McGuire QC and Ranjit Bhose represented two different local authorities in a two day hearing in the Administrative Court of a judicial review claim brought by NM, who is currently in prison. The case raises interesting issues around the duties of local authorities to carry out assessments under s.47 NHS and Community Care Act 1990.
Bryan represented the London Borough of Islington, where NM lived prior to his incarceration and Ranjit represented the interested party, Northamptonshire County Council, where NM wishes to go upon his release.
The case will deal with two important and interesting issues:
•Whether a s.47 assessment should be carried out in advance of the parole board hearing, or whether it should be carried out after the hearing once it has been determined that the prisoner can be released, and
•Which local authority has the duty to carry out the s.47 assessment: the local authority from whose area the prisoner came or the local authority whose area the prisoner wishes to be released to?