Landmark decision as the Court of Appeal holds recreational facilities and holidays amount to “care and support” under the Care Act 2014


The Court of Appeal today rejected Suffolk’s argument that it had no power to provide financial support for adults with disabilities to access recreational facilities and holidays as part of an Adult Social Care plan. In a landmark decision, the Court held that a need for such things can amount to a need for “care and support” within the meaning of the Care Act 2014 (even though they may be “universal needs”) which can require payment of entrance payments if the adult in question could not otherwise afford them. The Court explained that the Act brought a new focus on the autonomy of the individual away from the previous statutory focus on “looked after needs”,  and broadened the discretion and flexibility of local authorities in their provision of care and support to adults.

David Wolfe QC from Matrix and Catherine Rowlands from Cornerstone Barristers acted for the two men with disabilities involved.