Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor [2010] EWHC 3514 (Admin) (21 December 2010)

Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor [2010] EWHC 3514 (Admin) (21 December 2010)

The Council's decision to set the 2010-11 fee rate at £390 was unlawful due to its conceded error in the treatment of capital costs, and the process failed to comply with statutory and guidance requirements for transparency and proper consideration of providers' costs. The Council must reconsider and lawfully set the fee rate. The Council's actions regarding third party contributions were not amenable to public law relief in this context.

Citation
[2010] EWHC 3514 (Admin)
Parties
Claimant: Forest Care Home Limited; Claimant: Mavalon Limited; Claimant: Woodhill Care Limited; Respondent: Pembrokeshire County Council; Interested Party: The Welsh Ministers; Interested Party: Older People's Commissioner for Wales
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claim allowed in part
Legal Topics
Local Authority Fee Setting, Judicial Review of Public Body Decisions, Care Home Funding, Statutory Interpretation, Government Guidance Compliance
Administrative Law Public Law Social Care Law Local Authority Fee Setting Judicial Review of Public Body Decisions Care Home Funding Statutory Interpretation Government Guidance Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Forest Care Home Limited

Claimant

Mavalon Limited

Claimant

Woodhill Care Limited

Claimant

Pembrokeshire County Council

Respondent

The Welsh Ministers

Interested Party

Older People's Commissioner for Wales

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether Pembrokeshire County Council lawfully set the 2010-11 care home fee rate
  2. 2 Whether the Council's methodology for setting fees was irrational or unlawful
  3. 3 Whether the Council unlawfully prevented claimants from seeking top-up payments from third parties

Ratio Decidendi

The Council's decision to set the 2010-11 fee rate at £390 was unlawful due to its conceded error in the treatment of capital costs, and the process failed to comply with statutory and guidance requirements for transparency and proper consideration of providers' costs. The Council must reconsider and lawfully set the fee rate. The Council's actions regarding third party contributions were not amenable to public law relief in this context.

Court Disposition

Claim allowed in part

Orders

  • Council's decision to set the 2010-11 fee rate at £390 quashed
  • Council to reconsider and lawfully set the fee rate in accordance with statutory duties and guidance