Source: All England Reporter
Publisher Citation: [2012] All ER (D) 43 (Jan)
Neutral Citation: [2011] EWHC 3096 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Judge Langan QC sitting as a judge of the High Court
Representation Aileen McColgan (instructed by David Collins Solicitors) for the claimant.
  Stephen Cragg (instructed by the County Solicitor, Leicestershire County Council) for the authority.
Judgment Dates: 2 December 2011

Catchwords

Local authority - Residential care home - Fees - Defendant social services authority deciding not to increase fees paid to care homes - Whether authority failing to take into account actual cost of care - Whether authority failing properly to consult care providers - Whether authority failing to assess risks consequent upon freeze in fees.

The Case

Local authority Residential care home. The Administrative Court, in allowing the claimant's claim for judicial review, held that the defendant local authority's decision not to increase the fees to be paid for care homes for the year starting on 1 April 2011 had been unlawful.

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