LHG, R (on the application of) v Bury Council

LHG, R (on the application of) v Bury Council

Given the evidence that the Special Spirits sessions are only available at £30 per session and are essential for the claimant, and in the absence of clear evidence from the council supporting a lower rate, the balance of justice requires increased interim direct payments to cover these costs pending the substantive hearing.

Parties
Claimant: LHG (by her litigation friend, HHG); Defendant: Bury Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Interim Relief Determination Following Initial Judgment
Outcome
Interim relief granted in part, with directions for expedited substantive hearing.
Legal Topics
Direct Payments, Interim Relief, Special Educational Needs, Local Authority Duties
Administrative Law Education Law Social Care Law Direct Payments Interim Relief Special Educational Needs Local Authority Duties

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Parties

LHG (by her litigation friend, HHG)

Claimant

Bury Council

Defendant

Procedural Posture

Judicial Review / Interim Relief Determination Following Initial Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to increased interim direct payments for support services pending a substantive hearing
  2. 2 Whether the local authority's position on the rate and availability of support services is justified on the evidence

Ratio Decidendi

Given the evidence that the Special Spirits sessions are only available at £30 per session and are essential for the claimant, and in the absence of clear evidence from the council supporting a lower rate, the balance of justice requires increased interim direct payments to cover these costs pending the substantive hearing.

Court Disposition

Interim relief granted in part, with directions for expedited substantive hearing.

Orders

  • Defendant to provide an additional 10 hours of Direct Payments per week, totaling 14 hours per week outside school holidays and 18 hours per week during school holidays, at the hourly rate of £12.10, pending the substantive hearing.
  • No back-payment ordered at this interim stage.