LHG, R (On the Application Of) v Bury Council (No. 2) [2023] EWHC 3235 (Admin) (19 December 2023)

LHG, R (On the Application Of) v Bury Council (No. 2) [2023] EWHC 3235 (Admin) (19 December 2023)

The balance of justice requires that the claimant receive increased direct payments to cover the cost of Special Spirits sessions at £30 per session, as the evidence does not support the defendant's contention that a lower rate is available, and the claimant's needs would not be met without this interim relief. The...

Source-derived case information.

Citation
[2023] EWHC 3235 (Admin)
Parties
Claimant: LHG by her litigation friend, HHG; Defendant: Bury Council
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Judicial Review / Interim Relief Determination Prior to Expedited Substantive Hearing
Outcome
Interim relief granted in part, with directions for expedited substantive hearing.
Legal Topics
Interim Relief, Direct Payments, Special Educational Needs, Local Authority Duties, Expedited Hearing
Administrative Law Education Law Social Care Law Interim Relief Direct Payments Special Educational Needs Local Authority Duties Expedited Hearing

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Parties

LHG by her litigation friend, HHG

Claimant

Bury Council

Defendant

Procedural Posture

Judicial Review / Interim Relief Determination Prior to Expedited Substantive Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to increased interim direct payments for support services pending the substantive hearing
  2. 2 Whether the local authority's position on the rate and availability of funding for Special Spirits sessions is supported by evidence
  3. 3 What interim arrangements are just pending resolution of the substantive claim

Ratio Decidendi

The balance of justice requires that the claimant receive increased direct payments to cover the cost of Special Spirits sessions at £30 per session, as the evidence does not support the defendant's contention that a lower rate is available, and the claimant's needs would not be met without this interim relief. The relief is limited to a three-month period pending expedited substantive hearing, with no back-payment ordered at this stage.

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, for three months pending the substantive hearing.
  • Timetable set for further evidence and submissions.