Facts: Fife assessed Mrs Robertson as needing nursing home accommodation but, also, as having deprived herself of capital. Consequently, it determined not to provide her with residential accommodation until the notional capital, of which she had deprived herself, fell below the capital limit, under the applicable diminishing notional capital rules. Mrs Robertson sought judicial review, seeking relief in terms that she be provided with nursing care accommodation.

Judgment: the House of Lords (Lords Slynn, Mackay, Nicholls, Hope and Hobhouse) held that the assessment of needs for community care services (which could trigger a duty to make provision) was separate from the assessment of any liability to pay. Consequently, Fife was wrong to take into account Mrs Robertson’s notional capital, as a reason for declining to provide her with a service.