RD & Ors, R (on the application of) v Worcestershire County Council

RD & Ors, R (on the application of) v Worcestershire County Council

The Defendant made a clear and unambiguous representation that transitional arrangements would be devised and implemented to mitigate the impact of withdrawing Portage services. The failure to carry out such planning frustrated the legitimate expectation of the Claimants and was unlawful. Delay and alternative remedy arguments do not defeat the claim as the target was the absence of transition planning, not provision of services post-withdrawal.

Parties
Claimant: RD (A child by his litigation friend LD); Claimant: AW (A child by his litigation friend SW); Claimant: OY (A child by his litigation friend KY); Claimant: ZS (A child by his litigation friend SA); Defendant: Worcestershire County Council
Jurisdiction
England and Wales
Judgment Date
28 February 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review allowed; declaration granted that Defendant unlawfully frustrated legitimate expectation.
Legal Topics
Legitimate Expectation, Public Sector Equality Duty, Statutory Duties to Children, Transition Planning, Consultation Requirements, Alternative Remedy, Delay in Judicial Review
Administrative Law Public Law Education Law Equality Law Child Welfare Law Legitimate Expectation Public Sector Equality Duty Statutory Duties to Children +4 more

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Parties

RD (A child by his litigation friend LD)

Claimant

AW (A child by his litigation friend SW)

Claimant

OY (A child by his litigation friend KY)

Claimant

ZS (A child by his litigation friend SA)

Claimant

Worcestershire County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant unlawfully frustrated a legitimate expectation by failing to devise and implement transitional arrangements for children affected by withdrawal of Portage services
  2. 2 Whether statutory duties under Children and Families Act 2014, Children Act 1989, Children Act 2004, Education Act 2002, Equality Act 2010, and Childcare Act 2006 were breached
  3. 3 Whether the claim was out of time or alternative remedies were available

Ratio Decidendi

The Defendant made a clear and unambiguous representation that transitional arrangements would be devised and implemented to mitigate the impact of withdrawing Portage services. The failure to carry out such planning frustrated the legitimate expectation of the Claimants and was unlawful. Delay and alternative remedy arguments do not defeat the claim as the target was the absence of transition planning, not provision of services post-withdrawal.

Court Disposition

Claim for judicial review allowed; declaration granted that Defendant unlawfully frustrated legitimate expectation.

Orders

  • Declaration that Defendant failed to devise and implement transitional arrangements as promised.
  • If parties cannot agree further orders, Court will hear submissions.