Facts: Powys changed its charging policy and increased the charges it made for the 16 hours’ home care that Mrs Hambidge received each week, from £10.50 to £32.70. It did not undertake general consultation in relation to its policy change, nor had it consulted any individual service user, including Mrs Hambidge.

Judgment: Jowitt J held that whilst guidance advised that it would be good practice to consult, but that did not give rise to a duty to do so, or create any legitimate expectation. Neither did the procedural fairness principle require consultation because Mrs Hambidge did not have any legitimate expectation that her charges would never increase and she was entitled to seek a review under section 17 of the Health and Social Services and Social Security Adjudications Act 1983, under which she could not be required to pay more than a reasonable amount, having regard to her means.

Comment: this would not appear to be authority for the proposition that local authorities need not consult persons liable to be affected by their charging policies and local authorities would be well advised to do so.