Cardiff County Council, R (on the application of) v The Welsh Ministers

Cardiff County Council, R (on the application of) v The Welsh Ministers

The Welsh Ministers were entitled to determine that EK was no longer provided with residential accommodation under section 21(1)(a) of the National Assistance Act 1948 after moving to a housing association tenancy, and that Cardiff County Council is responsible for funding her care. The decision was not irrational, unreasonable, or wrong in law, and there was no breach of legitimate expectation or the Convention on the Rights of Persons with Disabilities.

Parties
Claimant: Cardiff County Council; Defendant: Welsh Ministers; Interested Party: Royal Borough of Kensington & Chelsea
Jurisdiction
England and Wales
Judgment Date
03 June 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Ordinary Residence, Provision of Care, Statutory Interpretation, Legitimate Expectation, Disability Rights
Administrative Law Social Welfare Law Local Government Law Ordinary Residence Provision of Care Statutory Interpretation Legitimate Expectation Disability Rights

Case Brief

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Parties

Cardiff County Council

Claimant

Welsh Ministers

Defendant

Royal Borough of Kensington & Chelsea

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Welsh Ministers erred in determining that Cardiff County Council is responsible for funding EK's care
  2. 2 Whether EK continued to be provided with residential accommodation under section 21(1)(a) of the National Assistance Act 1948 after moving to a housing association tenancy
  3. 3 Whether the Welsh Ministers misconstrued the statutory scheme and relevant case law

Ratio Decidendi

The Welsh Ministers were entitled to determine that EK was no longer provided with residential accommodation under section 21(1)(a) of the National Assistance Act 1948 after moving to a housing association tenancy, and that Cardiff County Council is responsible for funding her care. The decision was not irrational, unreasonable, or wrong in law, and there was no breach of legitimate expectation or the Convention on the Rights of Persons with Disabilities.

Court Disposition

Claim dismissed

Orders

  • Within 14 days the parties shall submit either a draft consent order on the issue of costs or written submissions on that issue.