header-logo header-logo

Duty of care

10 August 2012 / Tim Spencer-Lane
Issue: 7526 / Categories: Features , Local government , Public , Community care
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll