B, R (on the application of) v Cornwall County Council & Anor [2009] EWHC 491 (Admin) (16 March 2009)

B, R (on the application of) v Cornwall County Council & Anor [2009] EWHC 491 (Admin) (16 March 2009)

The Council acted unlawfully by failing to engage with B and his parents as required by statutory directions and guidance before reassessing and increasing B's care charges. The reassessment was conducted as a paper exercise without consultation, contrary to the requirements for engagement and procedural fairness. The decision to increase charges was therefore quashed.

Citation
[2009] EWHC 491 (Admin)
Parties
Claimant: B; Defendant: Cornwall County Council; Interested Party: The Brandon Trust
Jurisdiction
England and Wales
Judgment Date
16 March 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Local Authority Charging for Community Care, Disability Related Expenditure, Procedural Fairness in Assessments, Consultation With Service Users and Carers, Legitimate Expectation
Administrative Law Community Care Law Social Security Law Local Authority Charging for Community Care Disability Related Expenditure Procedural Fairness in Assessments Consultation With Service Users and Carers Legitimate Expectation

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Parties

B

Claimant

Cornwall County Council

Defendant

The Brandon Trust

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Cornwall County Council lawfully increased B's care charges from nil to £68.50 per week
  2. 2 Whether the Council complied with statutory guidance and duties in assessing B's needs and disability-related expenditure (DRE)
  3. 3 Whether there was a failure to engage and consult with B and his carers before increasing charges

Ratio Decidendi

The Council acted unlawfully by failing to engage with B and his parents as required by statutory directions and guidance before reassessing and increasing B's care charges. The reassessment was conducted as a paper exercise without consultation, contrary to the requirements for engagement and procedural fairness. The decision to increase charges was therefore quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of Cornwall County Council dated 8 August 2008 to increase B's care charges is quashed.
  • The Council must reassess B's charges in accordance with statutory guidance and after proper engagement with B and his carers.