Baker, R (on the Application of) v Devon County Council [1992] EWCA Civ 16 (21 December 1992)

Baker, R (on the Application of) v Devon County Council [1992] EWCA Civ 16 (21 December 1992)

In the Devon case, the residents and their supporters had ample notice and opportunity to make representations regarding the proposed closures, and the council considered these representations; thus, the duty of fairness was satisfied and judicial review was refused. In the Durham case, the residents were not given sufficient notice or opportunity to make representations before the closure decision, amounting to procedural unfairness; judicial review was granted as the alternative remedy was not clearly applicable to the duty to consult.

Citation
[1992] EWCA Civ 16
Parties
Applicant: Helen Mary Baker; Applicant: Nellie Edith Johns; Respondent: Devon County Council; Applicant: Mabel Curtis; Applicant: Elizabeth Jane Broxson; Respondent: Durham County Council
Jurisdiction
England and Wales
Judgment Date
21 December 1992
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment on Appeals From High Court (queen's Bench Division)
Outcome
Devon appeal dismissed; Durham appeal allowed (subject to further argument on relief).
Legal Topics
Procedural Fairness, Consultation Requirements, Legitimate Expectation, Alternative Remedies, Closure of Residential Homes, Judicial Review
Administrative Law Local Government Law Social Services Law Procedural Fairness Consultation Requirements Legitimate Expectation Alternative Remedies Closure of Residential Homes +1 more

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Parties

Helen Mary Baker

Applicant

Nellie Edith Johns

Applicant

Devon County Council

Respondent

Mabel Curtis

Applicant

Elizabeth Jane Broxson

Applicant

Durham County Council

Respondent

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment on Appeals From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether local authorities are legally required to consult permanent residents before deciding to close residential homes for the elderly.
  2. 2 Whether the existence of an alternative statutory remedy (application to the Secretary of State under section 7(D) of the Local Authority Social Services Act 1970) precludes judicial review.

Ratio Decidendi

In the Devon case, the residents and their supporters had ample notice and opportunity to make representations regarding the proposed closures, and the council considered these representations; thus, the duty of fairness was satisfied and judicial review was refused. In the Durham case, the residents were not given sufficient notice or opportunity to make representations before the closure decision, amounting to procedural unfairness; judicial review was granted as the alternative remedy was not clearly applicable to the duty to consult.

Court Disposition

Devon appeal dismissed; Durham appeal allowed (subject to further argument on relief).

Orders

  • Devon case: Appeal dismissed with costs (not to be enforced without leave); legal aid taxation for appellants; application for costs against Legal Aid Board referred to Registrar; present liability of appellants' costs assessed at nil; liberty to apply if contribution is other than nominal.
  • Durham case: Appeal allowed with costs here and below; legal aid taxation for appellants; order below regarding application for relief set aside; undertaking by Durham County Council to consult with appellants and their advisers over the appellants' future and that of Ridgeway House; application for leave to appeal...