KM, R (on the application of) v Cambridgeshire County Council

Facts

KM is a young man of 26 with a range of serious physical and mental disabilities: he was born with no eyes or optic nerves, has learning difficulties and an autistic spectrum disorder, growth hormone deficiency, spinal disease, lung and hearing problems and septo-optic dysplasia. Despite this he uses Braille, has GCSEs in French and music, plays the piano and clarinet and composes his own music, but he needs significant support with feeding, self care and other aspects of living and a guide outside his home. He lives at home with his mother, who is his litigation friend, and his younger brother and sister. Cambridgeshire County Council assessed the direct payment required to meet his assessed needs at £84,678 per annum, calculated using the council's Resource Allocation System — £61,000 for the maximum 55 points on the scale, plus an assessed addition under an "Upper Banding Calculator" because his needs exceeded the top of the scale. The process of arriving at and explaining that figure was protracted: an independent social worker, Ian Crompton, assessed the annual cost of support at £157,060, an assessment of need the council accepted while rejecting his costings, and an intelligible explanation of the £84,678 emerged only in a letter of 3 June 2010. KM sought judicial review, contending that the reasons were inadequate and the sum irrational. HH Judge Bidder QC, sitting as a deputy High Court judge, refused permission; Arden LJ granted permission to appeal.