Facts: Mrs Stephenson was 78 and virtually house-bound on account of ill health. Stockton-on-Tees assessed her as needing 13¼ hours of care each week, in addition to the substantial amount of care already provided by her daughter. Mrs Stephenson paid her daughter £45.00 per week for this care, in part to compensate her for loss of earnings. However, when assessing what Mrs Stephenson could reasonably be expected to pay towards her care, Stockton-on-Tees declined to take into account the £45.00 as expenditure, pursuant to its policy to disregard the cost of care provided by a family member except where the assessment identified cultural issues.

Judgment: Keith J held that the Council’s policy was rational because care provided by family members is normally provided voluntarily; nor was it incompatible with Article 8 ECHR or discriminatory in any way.

Comment: but see decision of the Court of Appeal below at para 11.74.