East Midlands Care Ltd, R (on the application of) v Leicestershire County Council [2011] EWHC 3096 (Admin) (02 December 2011)

East Midlands Care Ltd, R (on the application of) v Leicestershire County Council [2011] EWHC 3096 (Admin) (02 December 2011)

The Council's decision to freeze care home fees for 2011/2012 was unlawful because it failed to ascertain and have due regard to the actual cost of care after the issue was raised by providers, and failed to conduct a proper consultation at a formative stage with adequate disclosure and consideration of relevant information.

Citation
[2011] EWHC 3096 (Admin)
Parties
Claimant: East Midlands Care Limited; Defendant: Leicestershire County Council
Jurisdiction
England and Wales
Judgment Date
02 December 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Local Authority Duties, Fee Setting for Care Homes, Consultation Requirements, Actual Cost of Care, Equality Duty, Judicial Review Procedure
Administrative Law Social Care Law Public Law Local Authority Duties Fee Setting for Care Homes Consultation Requirements Actual Cost of Care Equality Duty +1 more

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Parties

East Midlands Care Limited

Claimant

Leicestershire County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council failed to properly assess or take into account the actual cost of care when setting care home fees for 2011/2012
  2. 2 Whether the Council failed to properly consult with care home providers before setting fees
  3. 3 Whether the Council failed to assess the risks to residents from a fee freeze

Ratio Decidendi

The Council's decision to freeze care home fees for 2011/2012 was unlawful because it failed to ascertain and have due regard to the actual cost of care after the issue was raised by providers, and failed to conduct a proper consultation at a formative stage with adequate disclosure and consideration of relevant information.

Court Disposition

Claim allowed; decision quashed

Orders

  • The Council's decision of 7 March 2011 to freeze care home fees for 2011/2012 is quashed.
  • No discretionary bar to relief despite delay or timing in the financial year.