Goldsmi & Anor, R (on the application of) v Servite Houses & Anor [2000] EWHC Admin 338 (12 May 2000)

Goldsmi & Anor, R (on the application of) v Servite Houses & Anor [2000] EWHC Admin 338 (12 May 2000)

Servite Houses, as a private provider of community care services under contractual arrangements with Wandsworth, is not amenable to judicial review because its powers derive from contract, not statute, and there is insufficient statutory penetration or public law underpinning to render its decision to close Mary...

Source-derived case information.

Citation
[2000] EWHC Admin 338
Parties
Applicant: Lisa Goldsmith; Applicant: Florence Chatting; First Respondent: Servite Houses; Second Respondent: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
12 May 2000
Procedural Posture
Judicial Review / Application for Permission and Substantive Determination
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Legitimate Expectation, Amenability to Judicial Review, Public Law Obligations of Private Bodies, Community Care Provision, Statutory Interpretation
Administrative Law Community Care Law Contract Law Judicial Review Legitimate Expectation Amenability to Judicial Review Public Law Obligations of Private Bodies Community Care Provision +1 more

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Parties

Lisa Goldsmith

Applicant

Florence Chatting

Applicant

Servite Houses

First Respondent

London Borough of Wandsworth

Second Respondent

Procedural Posture

Judicial Review / Application for Permission and Substantive Determination

Legal Issues

  1. 1 Whether Servite Houses, a private provider of community care services, is amenable to judicial review for its decision to close Mary Court.
  2. 2 Whether the decision to close Mary Court breached public law obligations owed to the Applicants by Servite or Wandsworth.
  3. 3 Whether assurances of a 'home for life' given to the Applicants created a substantive legitimate expectation enforceable in public law.

Ratio Decidendi

Servite Houses, as a private provider of community care services under contractual arrangements with Wandsworth, is not amenable to judicial review because its powers derive from contract, not statute, and there is insufficient statutory penetration or public law underpinning to render its decision to close Mary Court subject to public law standards. The assurances given to the Applicants, while amounting to a qualified promise of a home for life subject to care needs, do not create a substantive legitimate expectation enforceable in public law against Servite. Wandsworth remains under a continuing statutory duty to assess and meet the Applicants' needs, but cannot compel Servite to...

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Application for judicial review refused on the merits