South West Care Homes Ltd, R (on the application of) v Devon County Council [2012] EWHC 1867 (Admin) (08 May 2012)

South West Care Homes Ltd, R (on the application of) v Devon County Council [2012] EWHC 1867 (Admin) (08 May 2012)

The defendant unlawfully failed to consult care home providers before deciding not to increase fees for 2011/12, breaching a legitimate expectation of consultation arising from past practice. However, the court declined to quash the decision due to the end of the relevant financial year, potential detriment to good administration, and the staleness of the claim. A declaration of unlawful failure to consult was granted as an appropriate remedy.

Citation
[2012] EWHC 1867 (Admin)
Parties
Claimant: South West Care Homes Ltd; Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
08 May 2012
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim for judicial review granted in part; declaration granted; no quashing order; costs order made.
Legal Topics
Consultation Requirements, Statutory Guidance Compliance, Judicial Review Remedies, Local Authority Duties, Care Home Funding
Administrative Law Public Law Consultation Requirements Statutory Guidance Compliance Judicial Review Remedies Local Authority Duties Care Home Funding

Case Brief

Summary, issues, holding and outcome

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Parties

South West Care Homes Ltd

Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the defendant unlawfully failed to give due regard to the actual cost of providing care as required by statutory guidance
  2. 2 Whether the defendant unlawfully failed to assess the risk of its decision to care homes and residents, particularly regarding quality of care, contrary to common law and/or Article 8 ECHR
  3. 3 Whether the defendant unlawfully failed to consult with care home providers about its proposed decision to award no fee increase for 2011/12

Ratio Decidendi

The defendant unlawfully failed to consult care home providers before deciding not to increase fees for 2011/12, breaching a legitimate expectation of consultation arising from past practice. However, the court declined to quash the decision due to the end of the relevant financial year, potential detriment to good administration, and the staleness of the claim. A declaration of unlawful failure to consult was granted as an appropriate remedy.

Court Disposition

Claim for judicial review granted in part; declaration granted; no quashing order; costs order made.

Orders

  • Declaration that the defendant unlawfully failed to consult the claimants before reaching the decision of 2 March 2011.
  • Defendant to pay half of the claimant's costs up to and including the date of judgment, subject to detailed assessment if not agreed.