The claimant had, on her mother going into long term care, sought to avoid an order for the sale of the mother’s house saying that it was also the claimant’s home. The Council now appealed against a finding that it had to take into account subsequent developments, and not just those at the date when the mother had gone into care.
Held: The Council’s appeal succeeded (McCombe dissenting). The assessment required could only sensibly be made to allow for the circumstances applicable at the time when the person went into care. It could not be left open indefinitely to allow for a relatives possible intention to return to live in the house at a future date.
McCombe J dissenting said that the strict words of the section required the assessment to be made in the way found by the judge at first instance.
Judges:
Moore-Bick VP CA, McCombe, Underhill LJJ
Citations:
[2015] EWCA Civ 22, [2015] WLR(D) 28, [2016] 1 All ER 801, [2015] PTSR 880, [2015] BLGR 133
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Walford, Regina (on The Application of) v Worchestershire County Council Admn 10-Feb-2014
The Claimant challenged the decision of the Respondent to uphold its reversal of a previous decision to disregard a property, Sunnydene, Astley Burf, Stourport-on-Severn owned by the Claimant’s elderly mother, in calculating her mother’s ability to . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 24 October 2022; Ref: scu.541915
