2014 02 Adult Care

Aster Healthcare Ltd v Batool Shafi [2014] EWHC 77 QB (AndrewsJ): an award of summary judgment against the estate of S was set aside because it was not clear that section 7 of the Mental Capacity Act 2005 had imposed on S a duty to pay a reasonable price for care home services supplied to him. The reason, in short, was that S had lacked capacity on admission, his wife had refused to sign a contract and the local authority may well have made the placement under sections 21 and 26 of the National Assistance Act 1948, which may well have made the local authority responsible for the care home's fees, notwithstanding the provisions of the section 7 of the 2005 Act. Click here for the judgment.