11KBW Breakfast Seminar: Important new judgment on Care Act decision-making and judicial review of Care Act decisions

February 28th, 2017 by Claire Halas

The Administrative Court has just issued a detailed 80 page judgment comprehensively setting out the legal requirements for local authority decision-making under the Care Act 2014, the principles under which such decisions may be challenged by way of judicial review, and the role of the UN Convention on the Rights of Persons with Disabilities in this area of decision-making.

In Davey v Oxfordshire County Council [2017] EWHC 354 (Admin), in which judgment was delivered yesterday, the Administrative Court dealt with a wide-ranging challenge to a post-ILF reduction in a disabled person’s care budget and the associated decision-making under the Care Act. The Equalities and Human Rights Commission intervened to make submissions on the role of the UN Convention in Care Act decision-making.

After extensive submissions, the Court ultimately dismissed all seven grounds of challenge, and in doing so gave detailed guidance on various matters, including

  • the Care Act assessment duty,
  • decision-making under the Act, including the distinction between “needs” and “wishes”, and the legitimacy of a local authority reducing funding provision as a means of “developing independence”,
  • the proper approach by social workers and the courts to the section 1 well-being factors,
  • the adequacy of rates of pay relied upon by the local authority in its support plan,
  • the UN Convention on the Rights of Persons with Disabilities, its role in Care Act decision-making, and its use by courts,
  • the section 27 duty to take steps to each agreement,
  • the function of the courts generally in judicial review challenges to decisions made under the Care Act, and
  • the use of after the event evidence in judicial review challenges to Care Act decision-making.

The judgment has wide implications for all those involved with Care Act assessments, provision and funding decisions, as well as those involved in judicial review challenges to such decisions.

11KBW warmly invites you to a breakfast seminar to discuss the practical implications of this important judgment for all those involved in these areas. The seminar will involve presentations by Jonathan Auburn and Zoe Gannon who both acted for the successful Defendant in this case.

Date of seminar: 15 March 2017
Venue: 11 King’s Bench Walk Chambers, London, EC4Y 7EQ
Registration from 8.30am with the seminar starting at 9am for 1 hour.
This seminar is free of charge
To book your place on our breakfast seminar, please email your name, firm and email address to RSVP@11kbw.com – please note places are limited.


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