Publisher Citation: [2004] All ER (D) 88 (Aug)
Court: Administrative Court

Crane J

Representation Barbara Hewson (instructed by Ormerods, Croydon) for the claimant.
  Patrick Darby (instructed by Beryl Cook, Bromley) for the authority.
Judgment Dates: 17 August 2004


Community care - Vulnerable adults - Provision of residential accommodation - Validity of decision as to placement - s 21 - s 47.

The Case

In all the circumstances, the defendant local authority had fettered its discretion by ruling out a care placement on the grounds of cost before any viable alternatives had been identified. Furthermore, there was no evidence of an informed decision based on a fair comparison with that placement, including an accurate comparison of costs.

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