4.30R (KM) v Northamptonshire CC [2015] EWHC 482 (Admin)
It could be appropriate to construe a local authority’s policy as ‘fleshed out’ by statutory guidance, but not where there was inconsistency between the two
Facts: Mr KM sought a judicial review of aspects of Northamptonshire’s charging policy relating to home care services.
Judgment: Gilbart J held that he was prepared to read Northamptonshire’s charging policy as fleshed out by the statutory guidance but that could not be done, in this case, because Northamptonshire’s policy was inconsistent with the statutory guidance.