Sonia Gould & Anor, R (on the application of) v Devon County Council

Sonia Gould & Anor, R (on the application of) v Devon County Council

The statutory duties under the Care Act 2014 and National Health Service Act 2006, and the relevant policies, were not obviously material to the decision to close the North Devon Link Service. The Council was entitled to proceed on its understanding of the Service's role, and the decision was rational given the context, budget pressures, and alternative provision. There was no public law error in the process.

Parties
Claimant: The King (on the application of Sonia Gould and 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, Failure to Consider Relevant Considerations, Rationality, Care Act 2014, National Health Service Act 2006, Local Government and Public Involvement in Health Act 2007, Public Sector Equality Duty, Policy Relevance
Administrative Law Local Government Law Health Law Statutory Duties Failure to Consider Relevant Considerations Rationality Care Act 2014 National Health Service Act 2006 +3 more

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Parties

The King (on the application of Sonia Gould and 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 sections 2, 3, and 5 of the Care Act 2014 and section 2B of the National Health Service Act 2006 when deciding to close the North Devon Link Service.
  2. 2 Whether the Council failed to consider relevant policies including the One Devon Five Year Integrated Care Strategy, Suicide Prevention Statement and Action Plan, and Forward Plan.
  3. 3 Whether the decision to close the Service was irrational or outside the range of rational decisions open to the Council.

Ratio Decidendi

The statutory duties under the Care Act 2014 and National Health Service Act 2006, and the relevant policies, were not obviously material to the decision to close the North Devon Link Service. The Council was entitled to proceed on its understanding of the Service's role, and the decision was rational given the context, budget pressures, and alternative provision. There was no public law error in the process.

Court Disposition

claim dismissed