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. Read more »