Community Care Services, Mental Health, and Rehousing Rights - the Limits of Judicial Review

This is the latest version of this item.

Whilst acknowledging the growing importance of the judicial review system as a means of securing welfare rights in the community care system, and restraining decisions to stop or restrict support on grounds of illegality, irrationality, procedural impropriety, and breaches of Convention rights, the article examines the limits to the system's effectiveness. In particular, judicial review does not offer a system that is as accessible and effective as an appeal 'route'. Nor, it is argued, is the system necessarily compliant with ECHR article 6 requirements.