ANDREW LENNON AGAINST NHS HIGHLAND AND ANOTHER [2021] ScotCS CSOH_56 (28 May 2021)

ANDREW LENNON AGAINST NHS HIGHLAND AND ANOTHER [2021] ScotCS CSOH_56 (28 May 2021)

The statutory scheme requires collaborative assessment and delivery of support, but does not deprive the respondents of discretion as to means of delivery. The petitioner's entitlement to choose support is not absolute; the process must involve collaboration and agreement, and any remedy for breach of the tripartite agreement lies in contract law, not judicial review.

Citation
[2021] ScotCS CSOH_56
Parties
Petitioner: Andrew Lennon; Respondent: NHS Highland; Third Party: Keltic Care Ltd
Jurisdiction
Scotland
Judgment Date
28 May 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition dismissed
Legal Topics
Self Directed Support, Statutory Interpretation, Judicial Review, Contractual Obligations
Administrative Law Contract Law Social Care Law Self Directed Support Statutory Interpretation Judicial Review Contractual Obligations

Case Brief

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Parties

Andrew Lennon

Petitioner

NHS Highland

Respondent

Keltic Care Ltd

Third Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to choose the support to meet his outcomes under the Social Care (Self-Directed Support) (Scotland) Act 2013 option 2
  2. 2 Whether respondents acted unlawfully in restricting petitioner's choice of support
  3. 3 Whether the dispute is properly a matter for judicial review or contract law

Ratio Decidendi

The statutory scheme requires collaborative assessment and delivery of support, but does not deprive the respondents of discretion as to means of delivery. The petitioner's entitlement to choose support is not absolute; the process must involve collaboration and agreement, and any remedy for breach of the tripartite agreement lies in contract law, not judicial review.

Court Disposition

petition dismissed

Orders

  • respondents' seventh plea-in-law sustained
  • petition dismissed