R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213

Court of Appeal

Facts: C, a tetraplegic, was moved to Mardon House (MH) with the assurance it would be her permanent home. When she sought to move again, the health authority decided to close MH, which led C to challenge the decision via judicial review. She argued that (1) her care should be provided free of charge by the NHS, not on a means-tested basis by the local authority, and (2) the closure of MH was a breach of the promise made by the health authority. NEDHA appealed the decision.

Held: The Court of Appeal upheld the original decision. It found that the closure of MH was unfair and breached C's legitimate expectation based on the health authority’s promise. Additionally, the closure was found to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The decision to close MH was not justified by an overriding public interest.

Judicial Statement: Lord Woolf MR explained, “In determining whether a promise induces a legitimate expectation, the court must consider whether the public authority has acted unfairly in frustrating that expectation, particularly where no overriding public interest justifies the departure.”