Facts: Worcestershire had provided the claimant with residential accommodation and other services for years after his discharge from detention under section 3 of the MHA 1983. He brought a claim for restitution of the charges he had paid, on the basis that he had been entitled to such provision free of charge, as an after-care service. Worcestershire applied to strike out his claim on the basis that (i) it was not possible to bring such a restitutionary claim; and (ii) in any event, any claim had to be brought by way of judicial review.

Judgment: Newey J held that (i) in principle, a person who had paid for care services that were shown to have been the responsibility of a local authority under section 117 of the MHA 1983, but which in error the local authority failed to provide without charge, was entitled to bring a claim for restitution; and (ii) such a claim could be properly brought as a private law action, at least in a case such as the present where there was no allegation that the local authority had failed properly to assess and meet needs.