Gould & Anor, R (on the application of) v Devon County Council [2025] EWHC 96 (Admin) (24 January 2025)

Gould & Anor, R (on the application of) v Devon County Council [2025] EWHC 96 (Admin) (24 January 2025)

The Defendant was not under a statutory duty to provide the North Devon Link Service and was entitled to close it after considering relevant statutory duties and policies. The Claimants failed to prove the Defendant misunderstood the Service's role or acted irrationally. Even if there was a procedural failure, section 31(2A) of the Senior Courts Act 1981 applies, and it is highly likely the outcome would not have been substantially different.

Citation
[2025] EWHC 96 (Admin)
Parties
Claimant: Sonia Gould; Claimant: Alice Jeffery; Defendant: Devon County Council; Interested Party: Devon Partnership NHS Trust
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Duties, Care Act 2014, National Health Service Act 2006, Local Government and Public Involvement in Health Act 2007, Suicide Prevention Policy, Rationality in Decision Making, Mandatory Relevant Considerations
Administrative Law Health Law Local Government Law Statutory Duties Care Act 2014 National Health Service Act 2006 Local Government and Public Involvement in Health Act 2007 Suicide Prevention Policy +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sonia Gould

Claimant

Alice Jeffery

Claimant

Devon County Council

Defendant

Devon Partnership NHS Trust

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Devon County Council failed to take account of statutory duties under the Care Act 2014 and NHS Act 2006 when deciding to close the North Devon Link Service
  2. 2 Whether failure to consider relevant policies and strategies (including suicide prevention and integrated care strategy) rendered the decision unlawful
  3. 3 Whether the decision was irrational or outside the range of rational decisions open to the council

Ratio Decidendi

The Defendant was not under a statutory duty to provide the North Devon Link Service and was entitled to close it after considering relevant statutory duties and policies. The Claimants failed to prove the Defendant misunderstood the Service's role or acted irrationally. Even if there was a procedural failure, section 31(2A) of the Senior Courts Act 1981 applies, and it is highly likely the outcome would not have been substantially different.

Court Disposition

Claim dismissed