KM, R (On the Application Of) v Northamptonshire County Council (Rev 1)

KM, R (On the Application Of) v Northamptonshire County Council (Rev 1)

Northamptonshire County Council's policy is unlawful due to lack of clarity regarding calculation of protected income and failure to properly reflect Secretary of State's guidance, particularly in relation to inclusion of relevant disability premiums.

Parties
Claimant: KM (by her litigation friend RM); Defendant: Northamptonshire County Council
Jurisdiction
England and Wales
Judgment Date
02 March 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Claim succeeds
Legal Topics
Local Authority Charging Policies, Disability Benefits, Statutory Guidance Compliance
Administrative Law Social Welfare Law Local Authority Charging Policies Disability Benefits Statutory Guidance Compliance

Case Brief

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Parties

KM (by her litigation friend RM)

Claimant

Northamptonshire County Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Northamptonshire County Council's Fairer Contributions Policy complies with Secretary of State's guidance on charging for adult non-accommodation services
  2. 2 Whether the policy is sufficiently clear regarding calculation of protected income and inclusion of disability-related premiums

Ratio Decidendi

Northamptonshire County Council's policy is unlawful due to lack of clarity regarding calculation of protected income and failure to properly reflect Secretary of State's guidance, particularly in relation to inclusion of relevant disability premiums.

Court Disposition

Claim succeeds

Orders

  • Relief to be determined after hearing counsel