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

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

Devon County Council failed to have due regard, in substance and with rigour, to the need to eliminate discrimination and promote equality of opportunity amongst elderly or disabled residents when setting care home fees, breaching its public sector equality duty under section 149 of the Equality Act 2010.

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
Outcome
Decision quashed for breach of equality duty; further submissions on relief invited.
Legal Topics
Public Sector Equality Duty, Consultation Requirements, Rationality of Administrative Decisions, Care Home Fee Setting, Disability Rights
Administrative Law Equality Law Public Law Public Sector Equality Duty Consultation Requirements Rationality of Administrative Decisions Care Home Fee Setting Disability Rights

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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

Legal Issues

  1. 1 Whether Devon County Council complied with its public sector equality duty under section 149 of the Equality Act 2010 when setting care home fees
  2. 2 Whether the consultation process with care home providers was lawful and sufficient
  3. 3 Whether the council's decision was irrational due to flaws in its methodology

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 amongst elderly or disabled residents when setting care home fees, breaching its public sector equality duty under section 149 of the Equality Act 2010.

Court Disposition

Decision quashed for breach of equality duty; further submissions on relief invited.

Orders

  • The council's decision on care home fees for 2012-13 is quashed.
  • Parties to make further submissions on the precise form of relief.