South West Care Homes Ltd & Ors, R (on the application of) v Devon County Council & Anor [2012] EWHC 2967 (Admin) (07 November 2012)

South West Care Homes Ltd & Ors, R (on the application of) v Devon County Council & Anor [2012] EWHC 2967 (Admin) (07 November 2012)

Devon County Council failed to have due regard, in substance and with rigour, to the need to eliminate discrimination and promote equality of opportunity among elderly and disabled residents when setting care home fees, as required by section 149 of the Equality Act 2010; the equality impact assessment was inadequate and failed to consider mitigation of adverse impacts, particularly in relation to potential home closures and the needs of residents with dementia.

Citation
[2012] EWHC 2967 (Admin)
Parties
Claimant: South West Care Homes Limited and Others; Defendant: Devon County Council; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; decision quashed for breach of equality duty
Legal Topics
Public Sector Equality Duty, Consultation Requirements, Rationality of Administrative Decisions, Care Home Funding, Disability Rights, Age Discrimination
Administrative Law Equality Law Social Care Law Human Rights Public Sector Equality Duty Consultation Requirements Rationality of Administrative Decisions Care Home Funding +2 more

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Parties

South West Care Homes Limited and Others

Claimant

Devon County Council

Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Devon County Council failed to comply with its duty under section 149 of the Equality Act 2010 when setting care home fees
  2. 2 Whether the Council failed to consult lawfully and provide sufficient information to consultees
  3. 3 Whether the Council's decision was irrational

Ratio Decidendi

Devon County Council failed to have due regard, in substance and with rigour, to the need to eliminate discrimination and promote equality of opportunity among elderly and disabled residents when setting care home fees, as required by section 149 of the Equality Act 2010; the equality impact assessment was inadequate and failed to consider mitigation of adverse impacts, particularly in relation to potential home closures and the needs of residents with dementia.

Court Disposition

Claim allowed in part; decision quashed for breach of equality duty

Orders

  • The Council's decision on care home fees for 2012-13 is quashed for failure to comply with the public sector equality duty under section 149 of the Equality Act 2010.
  • Further submissions to be heard on the precise form of relief.