R v Devon CC, ex p Baker [1995] 1 All ER 73

Facts

• Mrs. Baker received home care services from Devon County Council.
• The Council, citing budget constraints, proposed significant reductions in these services.
• Mrs. Baker argued that prior assurances and established practice created a legitimate expectation of continued care at a certain level.
• The Court of Appeal addressed whether the Council’s actions breached Mrs. Baker’s legitimate expectation and considered the appropriate remedy.

Issues

1. Whether a legitimate expectation arose from the Council’s prior assurances or consistent practice in providing home care services.
2. Whether the Council was under a duty to consult Mrs. Baker before reducing her care arrangements.
3. Whether the Council’s failure to consult constituted a disproportionate response infringing procedural fairness.
4. What the nature and scope of procedural protection for legitimate expectations should be.

Decision

• The Court of Appeal found that a legitimate expectation can be substantive (relating to outcome) or procedural (concerning decision-making process).
• In this case, Mrs. Baker held a legitimate expectation of consultation before substantial changes to her care arrangements, grounded in established practice rather than explicit promise.
• The Council had a duty to consult Mrs. Baker prior to implementing service reductions.
• The Court concluded that failing to consult amounted to a disproportionate breach of procedural fairness and infringed Mrs. Baker’s legitimate expectation.
• The duty to consult requires affording affected persons a fair opportunity to present their case and have their views considered, though not necessarily guaranteeing their preferred outcome.

Legal Principles

• Legitimate expectations may arise from clear representations, established practice, or implicit assurances, even without explicit promises.
• The duty of procedural fairness may include a duty to consult when legitimate expectations are engaged.
• The content of the duty to consult depends on the circumstances of each case.
• Proportionality requires that public authorities balance budgetary or public interest concerns with the individual’s legitimate expectations and rights.
• Breaches of legitimate expectations can render administrative decisions unlawful if authorities act unfairly without adequate justification.

Conclusion

R v Devon CC, ex p Baker [1995] 1 All ER 73 clarified that public authorities must act fairly where a legitimate expectation has arisen from consistent practice, requiring consultation and adherence to proportionality in decision-making, and remains a leading authority on procedural fairness in administrative law.