Cardiff County Council, R (on the application of) v The Welsh Ministers [2009] EWHC 3684 (Admin) (03 June 2009)

Cardiff County Council, R (on the application of) v The Welsh Ministers [2009] EWHC 3684 (Admin) (03 June 2009)

The Welsh Ministers were entitled to determine that, following EK's move to a housing association tenancy, accommodation was no longer being provided under section 21(1)(a) of the National Assistance Act 1948, and thus the statutory deeming provisions ceased to apply. The decision was not irrational, unreasonable, or wrong in law. The provision of care and accommodation had become disaggregated, and the responsibility for funding shifted accordingly. There was no enforceable legitimate expectation that RBKC would continue to fund EK's care.

Citation
[2009] EWHC 3684 (Admin)
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 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Ordinary Residence Determination, Local Authority Funding Responsibility, National Assistance Act 1948, Community Care Services, Legitimate Expectation, Disability Rights
Administrative Law Social Care Law Public Law Ordinary Residence Determination Local Authority Funding Responsibility National Assistance Act 1948 Community Care Services Legitimate Expectation +1 more

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 / High Court Judgment

Legal Issues

  1. 1 Whether the Welsh Ministers erred in law in determining that Cardiff County Council, rather than the Royal Borough of Kensington & Chelsea, was responsible for funding EK's care after her move to independent accommodation.
  2. 2 Whether the statutory deeming provisions under the National Assistance Act 1948 continued to apply after EK moved to a housing association tenancy.
  3. 3 Whether the Welsh Ministers' decision was irrational, unreasonable, or misconstrued the statutory scheme.

Ratio Decidendi

The Welsh Ministers were entitled to determine that, following EK's move to a housing association tenancy, accommodation was no longer being provided under section 21(1)(a) of the National Assistance Act 1948, and thus the statutory deeming provisions ceased to apply. The decision was not irrational, unreasonable, or wrong in law. The provision of care and accommodation had become disaggregated, and the responsibility for funding shifted accordingly. There was no enforceable legitimate expectation that RBKC would continue to fund EK's care.

Court Disposition

Claim dismissed

Orders

  • Within 14 days, parties to submit either a draft consent order on costs or written submissions on costs.