CHAPTER 4
Guidance
4.1Introduction and principles 4.14Statutory basis of adult social care guidance Cases
4.19R v North Yorkshire CC ex p William Hargreaves (1997–8) 1 CCLR 104, QBD An assessment that failed to take into account the service user’s preferences, incompatibly with the statutory guidance, was unlawful
4.20R v Islington LBC ex p Rixon (1997–8) 1 CCLR 119, QBD A local authority acts unlawfully if it fails to comply in substance with statutory guidance issued under section 7 of the Local Authority Social Services Act 1970, or fails to take into account non-statutory/departmental guidance
4.21R v North Derbyshire Health Authority ex p Fisher (1997–8) 1 CCLR 150, QBD Acting contrary to guidance because of a simple disagreement with the guidance is tantamount to failing to take it into account
4.22R v Sutton LBC ex p Tucker (1997–8) 1 CCLR 251, QBD In failing to undertake long-term planning the local authority had acted inconsistently with the statutory guidance and therefore unlawfully
4.23R v Secretary of State for Health ex p Pfizer Limited (1999) 2 CCLR 270, QBD Central government guidance was ultra vires
4.24R v Birmingham CC ex p Killigrew (2000) 3 CCLR 109, QBD An assessment that failed to consider up-to-date medical evidence and the views of the GP and carers, incompatibly with the statutory guidance, was unlawful
4.25R v Merton, Sutton and Wandsworth Health Authority ex p Perry, Andrew and Harman (2000) 3 CCLR 378, QBD The decision to close a long-stay hospital for learning disabled adults was unlawful because of a failure first of all to assess the needs of residents, as advised by non-statutory guidance
4.26R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58 The status of the Mental Health Act 1983 Code of Practice was such that any divergence from it would be unlawful, unless it was undertaken with great care and for cogent reasons
4.27R (Forest Care Home Limited) v Pembrokeshire CC [2010] EWHC 3514 Admin, (2011) 14 CCLR 103 The greater the deviation from statutory guidance, the more compelling the justification must be
4.28R (Mohammed Mohsan Ali) v Newham LBC [2012] EWHC 2970 (Admin), (2012) 15 CCLR 715 Cogent reasons were required for departing from non-statutory but national, expert guidance
4.29R (Torbay Quality Care Forum Ltd) v Torbay Council [2014] EWHC 4321 (Admin) A simple disagreement with non-statutory guidance did not amount to a good enough reason for diverging from it
4.30R (KM) v Northamptonshire CC [2015] EWHC 482 (Admin) It could be appropriate to construe a local authority’s policy as ‘fleshed out’ by statutory guidance, but not where there was inconsistency between the two