Duncan Lewis Solicitors successfully challenged Croydon Council after it sought to charge a 75-year-old man with learning disabilities for residential care while also continuing to charge rent on his water-damaged council property during the same period.
The council attempted to recover residential care costs while continuing to charge rent on his council flat, despite the property having been left "uninhabitable" by a prolonged water leak. The resulting care bill totalled around £70,000.
The case has been featured in Local Government Lawyer, and the full article can be read here.
The man, known as SB, was initially moved into a care home for a six-week placement following a hospital admission.
Despite repeatedly expressing his wish to return home, SB remained in the care home for more than five months.
The legal team led by Angela Sandhal, Director and Solicitor in the Court of Protection team, argued that requiring SB to pay both rent and care home fees simultaneously was fundamentally unfair.
Concerns were also raised about the client being deprived of his liberty for around five months before the appropriate authorisation under the Mental Capacity Act 2005 was obtained.
Angela Sandhal said: "This case highlights the importance of scrutinising local authority charging decisions carefully. Vulnerable people should never be left paying twice because of administrative failures or delays outside their control. It also demonstrates the value of challenging decisions where they appear unfair or unlawful."
SB was represented by Angela Sandhal and Trainee Solicitor Lucy Ghaidan of Duncan Lewis Solicitors.
About Angela Sandhal
Angela Sandhal is a Director of Public Law and Litigation at Duncan Lewis Solicitors, specialising in Court of Protection and Civil litigation. She has extensive experience representing individuals and their families in welfare, property and affairs disputes, including challenges to capacity assessments, deprivation of liberty authorisations, and deputyship decisions.
For advice and assistance, contact Angela via email at AngelaSa@duncanlewis.com or by telephone on 0333 772 0409.
Duncan Lewis Solicitors
Duncan Lewis Solicitors is a multi-award winning law firm, recognised for delivering high-quality legal services across a wide range of practice areas while maintaining a strong commitment to access to justice. With offices nationwide and expertise spanning both private and publicly funded matters, the firm is known for its client-centred approach and experienced legal professionals. Its Court of Protection team provides specialist advice and representation in matters concerning mental capacity, health and welfare, and property and financial affairs. The firm most recently won the Law Firm of the Year award at the Women in Law award 2026.