B, R (on the application of) v Cornwall County Council & Anor

B, R (on the application of) v Cornwall County Council & Anor

The authority acted unlawfully by failing to engage with the claimant and his carers in the assessment of charges, by applying guidance inflexibly, and by failing to properly assess and evidence disability-related expenditure, rendering the charging decision of 8 August 2008 unlawful.

Parties
Claimant: The Queen on the application of B; Defendant: Cornwall County Council; Interested Party: The Brandon Trust
Jurisdiction
England and Wales
Judgment Date
16 March 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; charging decision quashed
Legal Topics
Local Authority Charging for Community Care, Disability Related Expenditure, Care Plan Assessment, Consultation With Service Users, Legitimate Expectation
Administrative Law Community Care Law Social Security Law Local Authority Charging for Community Care Disability Related Expenditure Care Plan Assessment Consultation With Service Users Legitimate Expectation

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Parties

The Queen on the application of B

Claimant

Cornwall County Council

Defendant

The Brandon Trust

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the local authority lawfully assessed and charged the claimant for community care services under the relevant statutory framework and guidance
  2. 2 Whether the authority failed to engage with the claimant and his carers as required by law and guidance
  3. 3 Whether the authority's approach to disability-related expenditure and care plan assessment was lawful

Ratio Decidendi

The authority acted unlawfully by failing to engage with the claimant and his carers in the assessment of charges, by applying guidance inflexibly, and by failing to properly assess and evidence disability-related expenditure, rendering the charging decision of 8 August 2008 unlawful.

Court Disposition

Claim allowed; charging decision quashed

Orders

  • A proper charging assessment must be conducted by the authority in accordance with the legal guidance in this judgment, with proper engagement with the claimant and his carers.
  • Proceedings stayed until 1 May 2009 to allow discussions and reassessment.