Court of Appeal to hear appeal over lawfulness of Care Act assessment

In TDB, R (On the Application Of) v London Borough of Haringey [2025] EWHC 2014 (Admin) (01 August 2025), His Honour Judge Bird concluded that Haringey's decision that the claimant could access mainstream services with help was “plainly not irrational”.

The appellant is a young man (in his mid-twenties at the time of the High Court hearing), with complex needs.

The judge noted: “He has a long-standing diagnosis of ADHD and of ASD and lives with a personality disorder. Whilst described as a 'charming and likeable person' he regularly exhibits challenging behaviours and can be violent. He has particular difficulties with some activities of daily living and with social interaction. This claim is about how he will be supported in the future.”

Three grounds of challenge were advanced, including that the assessment was conducted unlawfully in that it was prepared contrary to the requirements of both Reg.5 of the Care and Support (Assessment) Regulations 2014 ("the 2014 Regulations") and Autism Statutory Guidance. 

It was argued amongst other things that there ought to have been a capacity assessment.

However, the judge said Haringey was entitled to proceed without a capacity assessment, observing that the claimant was “entitled to the important presumption of capacity”.

HHJ Bird concluded: “No matter what the precise extent of the Claimant's learning issues is, he has been shown to function at a higher level than those with learning disabilities. That being the case it seems clear that it is in his best interests to receive mainstream, rather than specialist, care. He has shown himself able to achieve a great deal if he has the appropriate support. That is in my judgment a matter for celebration.”

The appeal will be heard by Lord Justice Bean, Vice President of the Court of Appeal Civil Division, Lord Justice Baker and Lady Justice May. It will also be live streamed.