Facts: Bromley decided to close a day care facility attached to a care home, subject to alternative day services being made available for current service users. The claimant, a daughter of one of the service users, contended that the decision was irrational and undertaken without first assessing her mother’s needs.

Judgment: Deputy High Court Judge Parker refused permission to apply for judicial review, on the basis that Bromley had rational reasons for wanting to close this day care facility (cost and over-capacity) and this was not the exceptional type of case which require Bromley to fully assess all the service users’ needs before reaching its decision (applying R v North and East Devon Health Authority ex p Coughlan,1[1999] 2 WLR 622, (1999) 2 CCLR 285.see above at para 16.27; and applying R v Merton, Sutton and Wandsworth Health Authority ex p Perry,2(2000) 3 CCLR 378, QBD.see above at para 16.28, eg the type of case where there is cause to believe that prior assessment is essential in order to ascertain whether suitable alternative provision is in fact available). Further, the likely impact was not such as to meet the Article 8 ECHR threshold.