Social Services Law: Judicial Review, Financial Resources and Legitimate Expectations

In the context of a recent judicial review case, the Court of Appeal has delivered, on the one hand, a powerful weapon for people with disabilities who need social services, but, on the other, managerial implications which are bound to be keeping budget holders awake at night. The final outcome of the case — due for hearing before the Lords at some point in the next year — may well have wider implications for changes to social services legislation generally. The significance of this case for local authorities, practitioners and users of community care services is analysed and commented upon in this article. Further, the interplay between the concept of statutory discretion and the emergent legal doctrine of substantive legitimate expectation is considered, and its significance for social services attitudes and practice is articulated.