| Publisher Citation: | [2011] All ER (D) 53 (Jun) |
| Neutral Citation: | [2011] EWHC 1147 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (Birmingham) |
| Judge: | Walker J |
| Representation | Ian Wise QC, Stephen Broach and Ben Silverstone (instructed by Irwin Mitchell LLP) for W and (instructed by Public Law Solicitors) for M, G and H. |
| Andrew Arden QC, Christopher Baker and Sam Madge-Wyld (instructed by Birmingham City Council Legal Services) for the authority. | |
| Judgment Dates: | 19 May 2011 |
Catchwords
Social security - Services for sick and disabled persons - Funding criteria for provision of services - Defendant local authority proposing amendment to criteria for funding of adult social care - Fewer people being entitled to receive social care funding - Claimants being directly affected by proposed changes - Whether defendant's decision being unlawful - s 49A.
The Case
Social security Services for sick and disabled persons. The Administrative Court, in allowing the claimants' application for judicial review, held that the defendant local authority had failed to ask itself the rights questions when considering whether to change the criteria for the provision of social care funding and, consequently, its decision had been unlawful.
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