Key Facts
- •7-year-old girl (LHG) with complex medical needs (rare genetic disorder, epilepsy, dystonia, heart conditions, global developmental delay) is a 'child in need'.
- •Claimant (LHG) seeks judicial review of Bury Council's decisions regarding care provision, specifically funding for 'Special Spirits' respite care and support during school holidays.
- •Council provided 4 hours of direct payments per week, but this is insufficient to cover the increased cost of Special Spirits and additional needs during school holidays.
- •The Claimant's mother's broken foot temporarily increased the family's needs.
Legal Principles
Statutory duties under the Children Act 1989, s.17; 'Working Together to Safeguard Children' guidance; Chronically Sick and Disabled Persons Act 1970; Breaks for Carers of Disabled Children Regulations 2011; relevant departmental advice.
Various statutes and guidance documents
Judicial review standard: Court supervises the lawfulness of the Council's decision-making, not substituting its own judgment.
Judge's statement
Duty of candid disclosure in judicial review proceedings applies at all stages.
Judge's statement
Outcomes
Permission for judicial review granted on the 'Special Spirits' and 'School Holidays' issues.
Arguable claim that the Council's needs assessment failed to adequately address the costs of Special Spirits and support during school holidays.
Permission for judicial review refused on the 'Evening Personal Assistant' and 'Broken Foot' issues as freestanding grounds.
Council's assessment and response to these needs were deemed lawful and proportionate.
Interim relief granted: additional 5 hours of direct payments per week to cover the cost of Special Spirits sessions at a reduced rate (£15 per session).
To maintain access to Special Spirits pending the full judicial review, balancing convenience and justice.
Further consideration of interim relief for the full cost of Special Spirits and additional school holiday support deferred to December 14th, 2023.
Material incompleteness of evidence regarding Special Spirits funding.
Anonymity order granted for the claimant and her mother to protect their interests.
Necessary to protect the child's and her siblings' legitimate interests.