Facts: Shropshire consulted widely on a policy change, that would lead away from the provision of day centres and focus on individualised budgets, in order to make necessary budgetary savings and, also, to promote central government policy. Afterwards, Shropshire identified a number of day centres that would actually have to close.

Judgment: the Court of Appeal (Longmore, McFarlane and Lewison LJJ) held that Shropshire had been under a common law duty to consult, by reason of its duty to act fairly. The consultation it had undertaken was amply sufficient to justify its policy change, but fairness also required there to be consultation before making a decision to close an individual day centre and that had not occurred. However, given the closure of the day centre and the dispersal of its staff, the only relief granted would be declaratory.