All your resources at your fingertips.Learn More
The Appellant did not prove that the determination of the sum to be granted to him to discharge the Defendants duties under section 2(1) of the Chronically Sick and Disabled Persons Act 1970 was irrational.
31 May 2012
Lords Phillips, Walker, Brown, Kerr, Dyson, Wilson and Lady Hale
(1) KM, the Appellant, is a profoundly disabled man aged 26 who lives in Cambridge with his mother. The Appellant requires substantial support in self-care, feeding and many other aspects of daily living. He challenged a determination made by Cambridgeshire County Council to pay him £85,000 annually to discharge its duties under section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (hereinafter ‘the 1970 Act'). The Appellant asserted that the determination was unlawful because it was not supported with reasons or because it was irrational. The Appellant sought the quashing of the determination and either re-determination by the Council or redetermination by the court in the sum of £120,000 annually.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Public Law online from the drop down menu.
Full text reports of cases on all aspects of licensing law and practice.