Facts: the health authority decided to close Orchard Hill, a long-stay hospital for people with profound learning disabilities, on economic grounds, despite having promised residents a ‘home for life’.

Judgment: Jackson J held that the health authority’s decision-making process was unlawful for two reasons: (1) it failed to take into account its promises of a ‘home for life’ (notwithstanding the failure of consultees to raise this matter), (2) inconsistently with the non-statutory guidance, on page 2 of HSG (92)42, it had failed to undertake individual assessments of the residents as to their future care needs.