M, R (on the application of) v Suffolk County Council [2006] EWHC 2366 (Admin) (25 July 2006)

M, R (on the application of) v Suffolk County Council [2006] EWHC 2366 (Admin) (25 July 2006)

Regulation 7(3) does not preclude the local authority from making direct payments for the social and practical care element of school fees at a residential school, provided those payments are not for the residential accommodation element. Apportionment of fees is permissible and required by the statutory scheme.

Citation
[2006] EWHC 2366 (Admin)
Parties
Claimant: M (by her litigation friend); Defendant: Suffolk County Council
Jurisdiction
England and Wales
Judgment Date
25 July 2006
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; declaration granted
Legal Topics
Direct Payments, Community Care, Children in Need, Residential Accommodation, Statutory Interpretation
Administrative Law Social Care Law Education Law Children Law Direct Payments Community Care Children in Need Residential Accommodation +1 more

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Parties

M (by her litigation friend)

Claimant

Suffolk County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether regulation 7(3) of the Community Care Services for Carers and Children's Services (Direct Payments) (England) Regulations 2003 precludes the local authority from making direct payments towards the social and practical care element of school fees at a residential school during term time.

Ratio Decidendi

Regulation 7(3) does not preclude the local authority from making direct payments for the social and practical care element of school fees at a residential school, provided those payments are not for the residential accommodation element. Apportionment of fees is permissible and required by the statutory scheme.

Court Disposition

Claim allowed in part; declaration granted

Orders

  • Declaration that the local authority is not precluded by regulation 7 from making direct payments in connection with the social and practical care of the child during term time by reason of her attendance at a boarding school.
  • Local authority to reconsider its decision in light of the judgment.