South West Care Homes Ltd, R (on the application of) v Devon County Council

South West Care Homes Ltd, R (on the application of) v Devon County Council

The defendant unlawfully failed to consult care home providers before deciding not to increase fees for 2011/12, breaching the legitimate expectation of consultation arising from past practice and public law requirements. However, the court declined to quash the decision due to the end of the financial year, potential detriment to good administration, and the staleness of the claim, instead granting a declaration of unlawfulness.

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 Full Hearing
Outcome
Claim for judicial review granted in part; declaration issued; no quashing order.
Legal Topics
Judicial Review of Local Authority Decisions, Statutory Consultation Requirements, Setting of Care Home Fees, Legitimate Expectation, Remedies in Judicial Review
Administrative Law Public Law Social Welfare Law Judicial Review of Local Authority Decisions Statutory Consultation Requirements Setting of Care Home Fees Legitimate Expectation Remedies in Judicial Review

Case Brief

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Parties

South West Care Homes Ltd

Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Full 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 and 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 the legitimate expectation of consultation arising from past practice and public law requirements. However, the court declined to quash the decision due to the end of the financial year, potential detriment to good administration, and the staleness of the claim, instead granting a declaration of unlawfulness.

Court Disposition

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

Orders

  • Declaration that the defendant unlawfully failed to consult the claimants before 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.