Thursday 16 June 2022
Suffolk CC (“D”) appeal the Order of Mrs Justice Lang dated 14 December 2021, which quashed D’s 3 March 2020 decision ( a decision that D would not pay towards the costs of Cs’ holidays and the costs of recreational activities).
Factual background: Cs are brothers aged 36 and 38 who suffer from autism and both have social care needs. From 2011 D made direct payments to Cs which since 2014 included £3,000 towards the cost of a holiday. From 2019, D reassessed Cs’ needs but the need for holidays was not included for the purposes of the Care Act 2014. On 3 March 2020, D explained that costs borne by everyone regardless of disability were not “care eligible needs”. The 3 March decision was not challenged by judicial review but a pre action letter was sent in respect of it. On 12 November 2020, D wrote to Cs advising that their direct payments would cease. This was challenged by way of judicial review on 10 February 2021. The claim was heard by Lang J with judgement handed down on 14 December 2021.