Birmingham County Council, ex p Killigrew [2000] 3 CCLR 109 (QBD)

Assessment – care plan – reduction in care package – resources

Where an assessment led to a significant reduction in the number of hours required to fulfil the provision of services detailed on a care plan and no sufficient explanation was given to account for the reduction, the court would, in the absence of explanation, find such a reduction unlawful, in that no proper assessment had been carried out. A reduction based on resources considerations, as opposed to needs, would also be unlawful.

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