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 estimated the total at andpound;157,000 a year, but the Council offered andpound;85,000, applying its own upper banding calculator system.
Held: The challenge to the assessment failed. It was rational for the Authority to use its resource allocation and upper banding calculator systems. Any flaw in the application of those systems would in fact have benefitted the applicant. Though its presentation of its reasoning was flawed, subsequent explanations had clarified the reasoning. There was little point in now pursuing a challenge which was more likely to reduce the amount payable than to increase it.
Lord Phillips, President, Lord Walker, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson, Lord Wilson
 UKSC 23, UKSC 2011/0145,  PTSR 1189,  WLR(D) 171
Bailii, Bailii Summary, SC Summary, SC
Chronically Sick and Disabled Persons Act 1970 2(1), Health and Social Care Act 2001
England and Wales
Appeal from – KM, Regina (on The Application of) v Cambridgeshire County Council CA 9-Jun-2011
The claimant was a severely disabled adult, entitled to assistance under the 1970 Act. He had been refused leave to bring judicial review of the decision as to the extent of that assistance.
Held: Leave was granted, and the court decided to . .
At first instance – KM, Regina (on The Application of) v Cambridgeshire County Council Admn 26-Nov-2010
The claimant sought leave to bring judicial review of the decision of the Respondent as to the amount attributable to his care package.
Held: Leave was refused. . .
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 28-Oct-2010
Cited – W, Regina (on The Application of) v Birmingham City Council Admn 19-May-2011
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 . .
Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Lists of cited by and citing cases may be incomplete.
Benefits, Local Government
Updated: 01 November 2021; Ref: scu.459833