Facts: Powys changed its charging policy and increased the charges it made for the 16 hours’ home care that Mrs Hambidge received each week, from £10.50 to £32.70. It did not undertake general consultation in relation to its policy change, nor had it consulted any individual service user, including Mrs Hambidge.

Judgment: Jowitt J held that guidance advised that it would be good practice to consult, but that did not give rise to a duty to do so, or create any legitimate expectation. Neither did the procedural fairness principle require consultation because Mrs Hambidge did not have any legitimate expectation that her charges would never increase and she was entitled to seek a review of the level of charge she personally was asked to pay, under section 17 of the Health and Social Services and Social Security Adjudications Act 1983, under which she could not be required to pay more than a reasonable amount, having regard to her means.

Comment: the appeal was dismissed at (2000) 3 CCLR 231 by Henry, Aldous and Laws LJ, in judgments focussing on the issue of discrimination.