Davey, R (on the application of) v Oxfordshire County Council & Ors

Davey, R (on the application of) v Oxfordshire County Council & Ors

The local authority's reduction of the claimant's personal budget and revision of his care plan were not unlawful. The authority complied with its statutory duties under the Care Act 2014, considered the relevant risks to the claimant's wellbeing, and set rates for personal assistants in line with local market conditions. There was insufficient evidence that the changes would imminently or actually break up the claimant's care team or unlawfully restrict his social activities. The appeal was dismissed.

Parties
Appellant/claimant: Luke Davey; Respondent/defendant: Oxfordshire County Council; Intervener: The Equality and Human Rights Commission; Intervener: Inclusion London
Jurisdiction
England and Wales
Judgment Date
01 September 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Care Act 2014, Personal Budgets, Needs Assessment, Well Being Principle, Judicial Review, Statutory Guidance, Social Care Funding
Administrative Law Social Welfare Law Disability Law Care Act 2014 Personal Budgets Needs Assessment Well Being Principle Judicial Review +2 more

Case Brief

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Parties

Luke Davey

Appellant/claimant

Oxfordshire County Council

Respondent/defendant

The Equality and Human Rights Commission

Intervener

Inclusion London

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether the reduction of the claimant's personal budget was unlawful under the Care Act 2014
  2. 2 Whether the local authority failed to consider the risk to the claimant's wellbeing from changes to his care team and time spent alone
  3. 3 Whether the rates for personal assistants were reasonable and compatible with statutory obligations

Ratio Decidendi

The local authority's reduction of the claimant's personal budget and revision of his care plan were not unlawful. The authority complied with its statutory duties under the Care Act 2014, considered the relevant risks to the claimant's wellbeing, and set rates for personal assistants in line with local market conditions. There was insufficient evidence that the changes would imminently or actually break up the claimant's care team or unlawfully restrict his social activities. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the Administrative Court is upheld.