14.24R (Mavalon Care Ltd) v Pembrokeshire CC [2011] EWHC 3371 (Admin), (2012) 15 CCLR 229
An irrational failure to comply with the methodology adopted meant that the local authority had failed to have regard to the actual cost of care locally
Facts: Pembrokeshire agreed to set its local fees for care home accommodation by using a toolkit devised by Laing & Buisson. However, Pembrokeshire substituted the figure of six per cent for return on capital, rather than the 12 per cent used by the toolkit. Mavalon challenged the resultant rate.
Judgment: Beatson J held that Pembrokeshire had not demonstrated a rational reason for diverging from the 12 per cent rate used in the toolkit.
Comment: a different type of approach was adopted by the local authority, and the Court of Appeal, in
R (Members of the Committee of Care North East Northumberland) v Northumberland CC.
1[2013] EWCA Civ 1740, (2014) 17 CCLR 117.