Calculation of care home fees to be paid by the Council


Re: Torbay Council v Torbay Quality Care Forum Ltd [2017] EWCA Civ 1605

The issue was whether Torbay Council acted unlawfully in taking account of private fees, top up payments and NHS payments when making the evaluative judgement of what it would expect to pay for residential care for the elderly. The appeal was allowed on the basis that the judge had erred in concluding that the guidance required the council to disregard income streams other than the fees paid by local authorities.

Mathew Purchase was involved in this case.