The duty to consult in community care cases

Wednesday 27 April 2011

Share This Page

Email This Page

Stephen Knafler QC and Tim Baldwin appeared for the Royal Borough of Kingston upon Thames, which finally won its long-running dispute with Buckinghamshire County Council in the Court of Appeal: R (Buckinghamshire CC) v Kingston upon Thames RBC [2011] EWCA Civ 457.

Buckinghamshire had asserted that Kingston was under a legal duty to consult with Buckinghamshire before providing community care assistance, which resulted in a care home resident moving into supported housing in the Buckinghamshire area and, consequently, becoming Buckinghamshire's responsibility. Dismissing Buckinghamshire's appeal, the Court of Appeal held that the statutory context compelled the conclusion that Kingston's only duties related to the welfare of the community care service user herself, who had wanted to live in Buckinghamshire. The case contains an interesting examination of the limits of the duty to consult based simply on fairness or detriment. Buckinghamshire have not sought to appeal further.

To read the transcript of the judgement, click here.

Stephen Knafler QC and Tim Baldwin are both members of the Garden Court Community Care Team.

We are top ranked by independent legal directories and consistently win awards.

+ View more awards