Facts: Mr Clarke suffered from severe epilepsy. For some years, he had received care form a specialist provider which included checks being made on him each night. Despite medical and care evidence that, in the absence of such checks, Mr Clarke was at a major risk of death, Sutton changed the care package, so that care would be provided by a non-specialist provider, with nightly checks on only three nights each month.

Judgment: Deputy High Court Judge Sycamore held that Sutton had simply failed to understand and address Mr Clarke’s needs and so had failed to take into account relevant material; the care plan was also defective in that it failed to spell out how care and medication would be delivered; whilst requiring Mr Clarke to move to non-specialist accommodation was, in these circumstances, incompatible with Article 8 ECHR.