Court of Appeal orders a local authority to compensate for the non-inclusion of educational placement costs in a Care Act 2014 personal budget


Re: R (CP) v North East Lincolnshire Council [2019] EWCA Civ 1614

The appellant is a 22-year old woman with global development delay, learning difficulties and an autistic spectrum disorder.  She appealed the against a previous High Court decision to dismiss her challenge to the respondent’s failure or refusal to make certain payments to her.  The appellant attended a weekday placement at an establishment run by a charity. The Council paid £10,800 per annum into the appellant’s personal budget for her attendance, since 17th November 2017.  This JR relates to the Council’s refusal to pay her costs of attendance during an earlier period from 11th April 2016 to 17th November 2017.

Held: The fact that the appellant’s personal budget did not include the cost of attendance at an agreed educational placement was a “clear breach” of the Care Act 2014 and of statutory guidance, which she could challenge by judicial review, despite an FTT appeal relating to overlapping issues in her Children and Families Act 2014 Education and Health Care Plan. The Council was liable to compensate her for her accrued right to the cost in question.

David Wolfe QC was involved in this case.