R (CP) v North East Lincolnshire Council

Subject Matter

LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Claimant seeking judicial review of lawfulness of care plan provided by local authority — Challenge alleging unlawful refusal to make education and health care plan providing for special education placement — Issue of special educational provision also subject of appeal to First-tier Tribunal — Whether local authority obliged to address social care aspects of special education provision when appeal to tribunal outstanding — Whether local authority acting unlawfully — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 2 — Children and Families Act 2014 (c 6), ss 21(5), 37(1), 51 — Care Act 2014 (c 23), ss 9, 24

[2018] EWHC 220 (Admin); [2018] PTSR 1759; [2018] WLR(D) 85, QBD

LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Claimant seeking judicial review challenging lawfulness of care plan provided by local authority — Challenge alleging unlawful refusal to make education and health care plan providing for special education placement — Issue of special educational provision also subject of appeal to First-tier Tribunal — Whether local authority obliged to address social care aspects of special educational provision when appeal to tribunal outstanding — Whether local authority failing to prepare adequate personal budget in breach of statutory duty — Whether claimant entitled to compensation for breach — Care Act 2014 (c 23), s 26

[2019] EWCA Civ 1614; [2020] PTSR 664; [2019] WLR(D) 541, CA

Appellate History