Tim Spencer-Lane examines recent case law involving the community care responsibilities of local councils
Two recent High Court decisions have put down markers for local councils who are seeking to reduce the costs of community care services. In both cases, the court emphasised the importance of following statutory guidance, carrying out adequate consultation and complying with the general public sector equality duty.
Sefton
In R (Sefton Care Association) v Sefton Council [2011] EWHC 2676 (Admin), the court quashed the council’s decision to freeze the fees it paid for people placed in residential care. For several years, the council had increased its residential care fees and had always sought the views of local care home providers, but in 2010 it informed providers that there would be no increase due to an overspend in community care. No prior consultation was carried out.
This freeze was continued for a second year, despite reassurances from the council of a two per cent increase for the following years. The council’s decision was successfully challenged by Seton
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