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

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

Permission for judicial review is granted on the grounds that the Council's assessment of need and service provision failed to lawfully address the Claimant's continuing attendance at Special Spirits and her needs for care and support during school holidays. The Needs Assessment and subsequent decisions did not...

Source-derived case information.

Parties
Claimant: LHG (by her litigation friend, HHG); Defendant: Bury Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Permission and Interim Relief Application
Outcome
Permission for judicial review granted in part; interim relief granted in part; further interim relief to be determined on the papers.
Legal Topics
Judicial Review, Children in Need, Statutory Duties of Local Authorities, Interim Relief, Assessment of Needs, Direct Payments, Short Breaks for Disabled Children, Anonymity Orders
Administrative Law Child Law Social Welfare Law Judicial Review Children in Need Statutory Duties of Local Authorities Interim Relief Assessment of Needs +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

LHG (by her litigation friend, HHG)

Claimant

Bury Council

Defendant

Procedural Posture

Judicial Review / Permission and Interim Relief Application

Legal Issues

  1. 1 Whether the Council's assessment of need and service provision decision failed to lawfully address the Claimant's continuing attendance at Special Spirits
  2. 2 Whether the Council's assessment of need and service provision decision failed to lawfully address the Claimant's needs for care and support during school holidays
  3. 3 Whether the Council's assessment and care package in relation to evening personal assistant and the impact of the mother's broken foot were lawful

Ratio Decidendi

Permission for judicial review is granted on the grounds that the Council's assessment of need and service provision failed to lawfully address the Claimant's continuing attendance at Special Spirits and her needs for care and support during school holidays. The Needs Assessment and subsequent decisions did not adequately consider or explain provision for these aspects, giving rise to an arguable claim with realistic prospects of success. Permission is refused on other grounds as freestanding claims but deferred for consideration to the extent they overlap with the viable issues.

Court Disposition

Permission for judicial review granted in part; interim relief granted in part; further interim relief to be determined on the papers.

Orders

  • Anonymity order granted for Claimant and litigation friend.
  • Permission for judicial review granted on Special Spirits and School Holidays issues.