Council upheld in not providing planned care
From Lawindexpro, with thanks:Local Government Administrative Law
Lindley, Regina (on the Application of) -v- Tameside Metropolitan
Borough Council
[2006] EWHC 2296 (Admin)
21 September 2006
Hodge J
The claimant, aged 69 suffered from cerebral palsy. The council
had provided his care but he said thay had represented to him
that care would be provided in a new facility, and claimed a
legitimate expectation. The defendant said that its changed
assessment of his needs meant that no representation could be
expected to continue. Held: At the time of the first letter the
authority were not aware of the specific client's needs. At one
point the applicant had not wanted the move, and at another he
accepted that the move would be inappropriate for his needs, and
"it is hard to see how the claimant has been relying on the
assurances in such a way as to be a detriment. The facts suggest
that such commitment as was made by the defendants in the letters
concerned has not, for the bulk of the period since they were
written, been relied upon by the claimant. " No legitimate
expectation had been created.
Care Standards Act 2000 3
National Health Service and Community Care Act 1990 47
National Assistance Act 1948 21
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