Torbay Council v Torbay Quality Care Forum Ltd

Local authority – Residential care home. It could not be said that the local authority had acted unlawfully in taking account of the three revenue streams (private fees, top up payments and NHS payments) when making the evaluative judgement of what it would expect to pay for residential care for the elderly. The Court of Appeal, Civil Division held that there was nothing in the Circular LAC (2004) 20 or the National Assistance Act 1948 (Choice of Accommodation) Directions 1992 which precluded them from doing so.

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