Source: All England Reporter
Publisher Citation: [2002] All ER (D) 232 (Oct)
Neutral Citation: [2002] EWHC 2118 (Admin)
Court: Administrative Court
Judge:

Stanley Burnton J

Representation Robin Green (instructed by Wood Shawe & Co) for the claimants.
  Christopher Baker (instructed by Mirza Ahmad) for the authority.
Judgment Dates: 17 October 2002

Catchwords

Local government - Local authority ||Provision of residential accommodation in private care homes - Lawfulness of refusal by authority to pay true cost of care - (Choice of Directions) Directions 1992, para 3.

The Case

There was no reason to depart from the literal wording of para3 of the (Choice of Directions) Directions 1992 which was 'more than [the local authority] would usually expect to pay'. It did not require a local authority to determine whether the cost of arrangements for accommodating a person was fair or reasonable. It simply entitled it to refuse to comply with an indication of preferred accommodation if the cost of it was more than the local authority would usually expect to pay, having regard to assessed needs.

Practice Areas

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