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R (Alloway) v Bromley LBC
[2004] EWHC 2108 (Admin), (2005) 8 CCLR 61
 
9.90R (Alloway) v Bromley LBC [2004] EWHC 2108 (Admin), (2005) 8 CCLR 61
A local authority fetters its discretion if it rules out one service from the start on costs grounds and does not fairly compare the rival options
Facts: Mr Alloway was a 19-year-old man who was autistic and suffered from learning disabilities. Bromley’s community care assessment concluded that he should be placed at Hesley Village and College. However, the Council then purported to place him at a cheaper option at Robinia Care. However, Bromley did not assert that its decision-making was affected by, or justified by, resources considerations.
Judgment: Crane J quashed this decision, holding that Bromley had fettered its discretion by ruling out Hesley from the start, on cost grounds, that Bromley had not undertaken a fair comparison of the various alternative placement options and that whilst Bromley had to consider up-to-date information, it was not required to undertake a further formal assessment (and could make provision pending completion of such assessment).
R (Alloway) v Bromley LBC
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