BG (R on the application of) v SUFFOLK COUNTY COUNCIL

BG (R on the application of) v SUFFOLK COUNTY COUNCIL

The Council erred in law by adopting a restrictive interpretation of the Care Act 2014, unlawfully concluding it had no power to provide financial support for recreational activities and holidays, and by fettering its discretion by not considering its powers under section 19. The eligibility assessments were tainted by this error, leading to an unlawful withdrawal of support. The claim succeeds on Grounds 1, 2, and 5.

Parties
Claimant: BG (by his mother and litigation friend SQ); Claimant: KG (by his mother and litigation friend SQ); Defendant: Suffolk County Council
Jurisdiction
England and Wales
Judgment Date
14 December 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review allowed in part
Legal Topics
Care Act 2014, Eligibility for Social Care, Direct Payments, Support for Disabled Adults, Carers' Rights, Judicial Review
Administrative Law Social Welfare Law Care Act 2014 Eligibility for Social Care Direct Payments Support for Disabled Adults Carers' Rights Judicial Review

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Parties

BG (by his mother and litigation friend SQ)

Claimant

KG (by his mother and litigation friend SQ)

Claimant

Suffolk County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council erred in law by concluding it could not provide financial support for recreational activities and holidays under section 18 Care Act 2014
  2. 2 Whether the Council fettered its discretion by not considering support under section 19 Care Act 2014
  3. 3 Whether the Council failed to make adequate inquiries of medical practitioners

Ratio Decidendi

The Council erred in law by adopting a restrictive interpretation of the Care Act 2014, unlawfully concluding it had no power to provide financial support for recreational activities and holidays, and by fettering its discretion by not considering its powers under section 19. The eligibility assessments were tainted by this error, leading to an unlawful withdrawal of support. The claim succeeds on Grounds 1, 2, and 5.

Court Disposition

Claim for judicial review allowed in part

Orders

  • Council to reconsider the Claimants' eligibility and support for recreational activities and holidays in accordance with the correct legal interpretation of the Care Act 2014
  • Council to prepare fresh care and support plans for the Claimants