| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 42 (Sep) |
| Neutral Citation: | [2009] EWCA Civ 941 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Anthony Clarke MR, Sedley and Rix LJJ |
| Representation | David Wolfe (instructed by Public Law Project) for the claimants. |
| Tim Kerr QC and Holly Stout (instructed by Marcia French) for the authority. | |
| Karon Monaghan QC (instructed by The Equality and Human Rights Commission) for the intervener | |
| Judgment Dates: | 8 September 2009 |
Catchwords
Local authority - Social services - Powers - Home care services - New administration stating it would not reintroduce home care charging in manifesto - New administration voted into power - New administration reintroducing home care charging - Manifesto becoming part of local authority's policy - Judge finding authority having power to reintroduce charges - Whether judge erring.
The Case
Local authority Social services. Court of Appeal, Civil Division: Where the defendant local authority had reintroduced charges for non-residential home care services, the judge had been correct in finding that the authority had had due regard to its disability equality duties and that there was no need to include racial and gender aspects in a report based on a Predictive Equalities Impact Assessment.
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