Legitimate expectation – consultation – care plan
The test of whether a legitimate expectation had been created was that enunciated in ex parte Coughlan, ie ” whether to frustrate the expectation is so unfair that to take a new and different course will amount to abuse of power”. Statements by local authority officers have to be understood in context and on the facts of this case there was no legitimate expectation of a ‘home for life’. Neither was the local authority in breach of a legitimate expectation regarding the layout of the redeveloped residential home. The fact that an assessment of needs had a number of deficiencies did not necessarily make it unlawful as there could be more than one view which could properly be held among social workers as to proposals for meeting need.