Facts: having charged a flat rate for home care services, Coventry consulted upon then introduced a means-tested system; however, the system introduced was different from that consulted on and it took into account sums of disability living allowance, paid in respect of night-time care, as income available for means-testing in relation to day-time care.

Judgment: Sir Richard Tucker held that there were major differences between the scheme consulted on and the scheme adopted such that fairness required proper consultation on the scheme adopted; in addition, it was irrational to treat sums of disability living allowance, paid in respect of night-time care, as income available for means-testing in relation to day-time care.