The High Court has handed down judgment in R (Care North East Northumberland) v Northumberland County Council [2024] EWHC 1370 (Admin), an important case on local authority fee setting for social care providers.
The Claimant, an unincorporated association of care home operators, launched various challenges to the Council’s setting of weekly care home fees pursuant to an annual fee-uplift mechanism in the Council’s contract with care home operators, and in the context of the Council’s statutory duty under section 5 of the Care Act 2014 to promote diversity and quality in the provision of services. The Claimant also sought to challenge the Council’s allocation of grant funding from central Government.
The High Court dismissed the claim for judicial review on all grounds. The case reiterates the principle that there is no duty to conduct any arithmetical assessment in the setting of care home fees. The case also provides important guidance on the availability of judicial review in relation to grants paid to local authorities under section 31 of the Local Government Act 2003.
This case will be of considerable interest to all local authorities. A copy of the judgment is available here.
Joanne Clement KC and Aliya Al-Yassin acted for the successful party, Northumberland County Council.
11KBW will shortly deliver a webinar on the judgment. Please contact RSVP@11kbw.com if you would like to receive an invitation.
