The claimants suffered disabilities and required assistance and support from the defendant council. They now challenged the couuncil’s decision that whereas in the past it had supported those with either severe or critical needs, it would now support only those with critical needs, excluding the applicants from support.
Held: The defendant’s decision that it could afford to meet only critical needs was unlawful because of deficiencies in the consultation process which had led to it.
Judges:
Walker J
Citations:
[2011] EWHC 1147 (Admin), (2011) 120 BMLR 134, (2011) 14 CCL Rep 516, [2011] ACD 84
Links:
Citing:
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 28-Oct-2010
. .
Cited by:
Cited – KM, Regina (on The Application of) v Cambridgeshire County Council SC 31-May-2012
The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 12 September 2022; Ref: scu.440078