Court of Appeal to consider appeal from council over whether cost of holidays and recreation for people with care needs can fall to be met under Care Act 2014

The Court of Appeal will this week (16 June) consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.

In December 2021 Mrs Justice Lang ruled in BG & Anor, R (On the Application Of) v Suffolk County Council [2021] EWHC 3368 (Admin) that Suffolk County Council was wrong to end payments for holidays and visits for two disabled adults.

The case of was brought by brothers BG and KG by their mother and litigation friend SQ.

They sought judicial review of Suffolk’s decisions, under the Care Act 2014 and the Care and Support (Eligibility Criteria) Regulations 2015, to withdraw funding for holidays and cease direct payments used for the brothers’ outings and recreational activities.

Andrew Sharland QC of 11KBW and Lee Parkhill of Cornerstone Barristers act for the appellant county council.

David Wolfe QC of Matrix Law and Catherine Rowlands of Cornerstone Barristers act for the respondents.