ZZ v Croydon Council

ZZ v Croydon Council

The Defendant's assessment and care plan breached s.18 of the Care Act 2014 and were unlawful. The decision is quashed and a fresh assessment is ordered. Damages are not determined in the Administrative Court due to complexity and are transferred to the County Court. Indemnity costs are not awarded as the Defendant's conduct, though unreasonable at times, did not meet the high threshold required.

Parties
Claimant: ZZ; Litigation Friend: ZY; Defendant: Croydon Council
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Judicial Review / Final Judgment Following Substantive Hearing
Outcome
Claim allowed; decision quashed; damages transferred to County Court; costs awarded on standard basis.
Legal Topics
Care Act 2014, Statutory Duty, Assessment of Needs, Judicial Review, Damages, Costs
Administrative Law Social Welfare Law Care Act 2014 Statutory Duty Assessment of Needs Judicial Review Damages Costs

Case Brief

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Parties

ZZ

Claimant

ZY

Litigation Friend

Croydon Council

Defendant

Procedural Posture

Judicial Review / Final Judgment Following Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant's assessment and care plan breached s.18 of the Care Act 2014
  2. 2 Whether the Defendant failed to comply with court orders regarding interim relief
  3. 3 Whether damages should be awarded for breach of statutory duty

Ratio Decidendi

The Defendant's assessment and care plan breached s.18 of the Care Act 2014 and were unlawful. The decision is quashed and a fresh assessment is ordered. Damages are not determined in the Administrative Court due to complexity and are transferred to the County Court. Indemnity costs are not awarded as the Defendant's conduct, though unreasonable at times, did not meet the high threshold required.

Court Disposition

Claim allowed; decision quashed; damages transferred to County Court; costs awarded on standard basis.

Orders

  • The Defendant's decision dated 19 September 2024 is quashed.
  • The Defendant is required to undertake a fresh assessment and care plan within three months of the Consent Order.