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29 JUN 2012

R (on the application of KM) v Cambridgeshire County Council [2012] UKSC 23

Community care - Rationality - Awards - Appeal

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

Administrative Court

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.

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