R (on the application of Torbay Quality Care Forum Ltd) v Torbay Council

Local authority – Residential care home. The claimant association of independent care home operators sought judicial review of the defendant local authority's decision setting the figure it was prepared to pay to providers. The Administrative Court, in allowing the application, held that the presence of an inexplicable weighting of average staff to bed ratio within the mathematical model showed it to be a matter of fact which no reasonable decision-taker could properly take into account. Further, the taking of top-up fees into account in the cost analysis did not pay due regard to actual cost and amounted to a significant error in the decision-making process.

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