DG & Ors R (on the application of) v Worcestershire County Council [2005] EWHC 2332 (Admin) (11 October 2005)

DG & Ors R (on the application of) v Worcestershire County Council [2005] EWHC 2332 (Admin) (11 October 2005)

Although claimants had a reasonable case and proceedings were properly instituted, it was not clear they would have succeeded; therefore, no order for costs is appropriate.

Citation
[2005] EWHC 2332 (Admin)
Parties
Claimant: DG, MM, WG, SM, CG; Defendant: Worcestershire County Council
Jurisdiction
England and Wales
Judgment Date
11 October 2005
Procedural Posture
Judicial Review / Post Consent Order, Costs Determination
Outcome
Proceedings withdrawn by consent; no order for costs save legal aid assessment.
Legal Topics
Local Authority Duties, Care Funding, Supported Living, Judicial Review Procedure, Costs in Judicial Review
Administrative Law Community Care Law Local Authority Duties Care Funding Supported Living Judicial Review Procedure Costs in Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

DG, MM, WG, SM, CG

Claimant

Worcestershire County Council

Defendant

Procedural Posture

Judicial Review / Post Consent Order, Costs Determination

Legal Issues

  1. 1 Whether Worcestershire County Council lawfully approved withdrawal of care funding for claimants with learning difficulties
  2. 2 Whether proper consultation and assessment of claimants' needs occurred before funding withdrawal
  3. 3 Whether claimants were entitled to remain in their accommodation with Marpool Limited

Ratio Decidendi

Although claimants had a reasonable case and proceedings were properly instituted, it was not clear they would have succeeded; therefore, no order for costs is appropriate.

Court Disposition

Proceedings withdrawn by consent; no order for costs save legal aid assessment.

Orders

  • Worcestershire County Council to complete community care assessments and serve on claimants by 1 December 2005.
  • Care plans to be completed; Council to fund Marpool and provide services until November 2005; Council to take over funding until 31 March 2006.