Facts: the Isle of Wight decided to change its eligibility threshold from ‘Critical and Substantial’ to comprise the high risk needs of persons assessed as ‘Critical’ and those areas of ‘Substantial’ needs that placed people at greatest risk of not being able to remain at home and be safe. The Isle of Wight then published a revised risk assessment tool, called ‘Eligibility Review’. Two severely disabled adults sought a judicial review.

Judgment: Lang J held that the Isle of Wight’s consultation had been flawed in that it failed to inform consultees about such matters as the numbers of service users whose support would be reduced, costs and savings, and what types of services would or would not be included in the new criteria. Consequently, decision-makers were deprived of important information, namely, the responses of consultees on such matters. Accordingly, the Isle of Wight had not ascertained sufficient information so as to discharge the duty of conscientious consideration, entailed by the duty to have due regard to the matters set out in the PSED.