Cowl & Ors v Plymouth City Council [2001] EWHC Admin 734 (14th September, 2001)

Cowl & Ors v Plymouth City Council [2001] EWHC Admin 734 (14th September, 2001)

No clear or unequivocal promise of a home for life was established; the consultation process was adequate for the stage; no breach of ECHR rights occurred; and the staged process adopted by the Council was lawful.

Citation
[2001] EWHC Admin 734
Parties
Claimants: Frank Cowl and Others; Defendants: Plymouth City Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Judgment on the Merits and Application for Permission to Appeal
Outcome
Application for judicial review dismissed; permission to appeal refused by the judge; undertaking by the Council to continue pending application to the Court of Appeal; detailed assessment of costs ordered.
Legal Topics
Legitimate Expectation, Consultation Requirements, Closure of Care Homes, Community Care Assessments, Article 8 ECHR, Budgetary Decisions by Local Authorities
Administrative Law Human Rights Law Local Government Law Legitimate Expectation Consultation Requirements Closure of Care Homes Community Care Assessments Article 8 ECHR +1 more

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Parties

Frank Cowl and Others

Claimants

Plymouth City Council

Defendants

Procedural Posture

Judicial Review / Judgment on the Merits and Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimants had a legitimate expectation of a 'home for life' at Granby Way
  2. 2 Whether the consultation process prior to closure was lawful and adequate
  3. 3 Whether the closure decision breached Articles 2, 3, or 8 of the ECHR

Ratio Decidendi

No clear or unequivocal promise of a home for life was established; the consultation process was adequate for the stage; no breach of ECHR rights occurred; and the staged process adopted by the Council was lawful.

Court Disposition

Application for judicial review dismissed; permission to appeal refused by the judge; undertaking by the Council to continue pending application to the Court of Appeal; detailed assessment of costs ordered.

Orders

  • Application for judicial review dismissed
  • Permission to appeal refused (leave to seek from Court of Appeal)