Injunctive relief – re-assessment – care package – s2 Chronically Sick and Disabled Persons Act 1970.
An interim injunction, restoring the original care package, was granted after the local authority radically reduced the applicant’s services (in particular by virtually removing a night-sitting service). In granting the injunction, the judge noted that nothing in the new care plan suggested a change either in the woman’s needs or in any other relevant circumstances. There was a very strong case in support of the applicant’s submission that the authority’s apparent decision that she no longer had an identified need for night care services appeared to have been based on no evidence whatsoever and was, therefore, irrational or unreasonable.
The authority’s argument that the applicant should give an undertaking to pay the cost of the interim care should she eventually lose the case at the full hearing was rejected.