KR, R (on the application of) v Secretary of State for Work and Pensions & Anor [2008] EWHC 1881 (Admin) (30 July 2008)

KR, R (on the application of) v Secretary of State for Work and Pensions & Anor [2008] EWHC 1881 (Admin) (30 July 2008)

Direction 23(1)(a)(iv) does not exclude community care grants for handover journeys facilitating a change of residence between estranged parents, even if such journeys begin or end at school; the purpose of the Social Fund supports payment for these journeys, and statutory exclusions do not apply where alternative funding is merely theoretical.

Citation
[2008] EWHC 1881 (Admin)
Parties
Claimant: KR; First Defendant: Secretary of State for Work and Pensions; Second Defendant: Social Fund Inspectors
Jurisdiction
England and Wales
Judgment Date
30 July 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review succeeds.
Legal Topics
Community Care Grants, Social Fund Scheme, Interpretation of Social Fund Directions, School Transport Funding, Statutory Exclusions
Administrative Law Social Security Law Family Law Community Care Grants Social Fund Scheme Interpretation of Social Fund Directions School Transport Funding Statutory Exclusions

Case Brief

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Parties

KR

Claimant

Secretary of State for Work and Pensions

First Defendant

Social Fund Inspectors

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Direction 23(1)(a)(iv) excludes community care grants for handover journeys beginning or ending at school
  2. 2 Whether the purpose of the Social Fund supports payment for such journeys
  3. 3 Whether statutory exclusions apply when alternative funding is theoretical

Ratio Decidendi

Direction 23(1)(a)(iv) does not exclude community care grants for handover journeys facilitating a change of residence between estranged parents, even if such journeys begin or end at school; the purpose of the Social Fund supports payment for these journeys, and statutory exclusions do not apply where alternative funding is merely theoretical.

Court Disposition

Claim for judicial review succeeds.

Orders

  • Decision refusing community care grant for handover journeys quashed.
  • Matter remitted for reconsideration in accordance with judgment.