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R (South West Care Homes Ltd) v Devon CC
[2012] EWHC 1867 (Admin)
 
14.27R (South West Care Homes Ltd) v Devon CC [2012] EWHC 1867 (Admin)
A local authority has a broad discretion when assessing the usual cost of providing care locally
Facts: South West, a care home provider, sought a judicial review of Devon’s decision to freeze the standard fees it would pay, inter alia, on the basis that Devon had failed to have due regard to the actual cost of providing care and had failed to consult.
Judgment: Singh J held that Devon had, unlawfully, failed to consult but that relief would not be granted on that account, owing to the passage of time. As far as concerned whether Devon had had regard to the actual cost of providing care, the manner intensity of enquiry was a matter for Devon, subject to rationality and, on the evidence. Devon had acted rationally by taking into account officers’ local knowledge, the ability of care homes to function adequately on the previous standard rates and the rates paid by other local authorities.
R (South West Care Homes Ltd) v Devon CC
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