Brighton & Hove Council, ex parte AP [2001] (Unreported) (QBD)

Withdrawal of funding – closure — consultation – breach of promise – human rights

An application for judicial review of a decision by Brighton & Hove to withdraw funding from a specialist residential project providing expert care and support for severely autistic and brain damaged children with exceptionally challenging behaviour, was settled after the council agreed to continue funding the placements for the future, in the absence of a very good reason to stop so doing. The applicants had alleged that, in deciding to cease funding of the service, the council was: (i) in breach of its promises; (ii) guilty of abuse of its power; (iii) acting in breach of articles 3 (inhuman and degrading treatment) and 8 (right to respect for family life) of the European Convention; and (iv) acting contrary to its obligations under the Children Act 1989.

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