Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor

Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor

The Council's decision to set the 2010-11 care home fee rate at £390 was unlawful due to errors in the methodology for capital costs, failure to consider relevant local data and factors, and failure to properly balance its own resources with the interests of providers and residents. The Council also failed to record and communicate its decision and reasons as required by law and guidance.

Parties
Claimant: Forest Care Home Limited; Claimant: Mavalon Limited; Claimant: Woodhill Care Limited; Respondent: Pembrokeshire County Council; Interested Party: Welsh Ministers; Interested Party: Older People’s Commissioner for Wales
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review granted in part; decision to set rate at £390 quashed; Council to remake decision.
Legal Topics
Local Authority Fee Setting, Judicial Review of Public Body Decisions, Care Home Funding, Statutory Guidance Compliance, Article 8 ECHR
Administrative Law Social Services Law Contract Law Human Rights Law Local Authority Fee Setting Judicial Review of Public Body Decisions Care Home Funding Statutory Guidance Compliance +1 more

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Parties

Forest Care Home Limited

Claimant

Mavalon Limited

Claimant

Woodhill Care Limited

Claimant

Pembrokeshire County Council

Respondent

Welsh Ministers

Interested Party

Older People’s Commissioner for Wales

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Council lawfully set the care home fee rate for 2010-11
  2. 2 Whether the Council's methodology for setting the rate was rational and lawful
  3. 3 Whether the Council lawfully prevented claimants from seeking third party contributions

Ratio Decidendi

The Council's decision to set the 2010-11 care home fee rate at £390 was unlawful due to errors in the methodology for capital costs, failure to consider relevant local data and factors, and failure to properly balance its own resources with the interests of providers and residents. The Council also failed to record and communicate its decision and reasons as required by law and guidance.

Court Disposition

Application for judicial review granted in part; decision to set rate at £390 quashed; Council to remake decision.

Orders

  • Council's decision to set the 2010-11 fee rate at £390 is set aside.
  • Council to remake the decision lawfully by 31 January 2011.