CJ, R (on the application of) v Worcestershire County Council [2026] EWHC 2053 (Admin)

“Self-Care Needs – bathing/dressing and toileting This has been an area of great controversy over the last few years and part of many complaints made by your dad. He believes you have an unmet need for bathing and you cannot access this appropriately in your caravan. The shower cubicle [is] very small and you are unable to press the button to start the shower, which means someone would be required to support you and the shower door needs to be open to allow the person to press the button. The caravan floods during the process. As a temporary measure, before this assessment was completed, it was agreed that the Local Authority (LA) would provide bathing facilities. [C], your dad has argued that you should have the availability of a hotel room/facility to enable you to be bathed every day, which he has stated is part of your cultural tradition. During this period of time two carers have been provided, as you cannot fully bathe without supervision and your parents have chosen not to attend the sessions with you. We also know your family travel around the country to operate fairgrounds. There have also been disputes in the amount of bathing [C] has been receiving, the LA have been providing 3 nights when you say it should be 4; although traditionally you feel it should be offered every day. From reading historical notes, while in Malvern, you used Hill View until it changed usage and became a home for children living there who are unaccompanied asylum seekers. You felt this was not appropriate and after many discussions, [C] now uses a Premier Inn within Malvern so this is no longer an issue as your dad is happy with the hotel. When travelling to different sites and in Malvern, there have been regular issues and complaints that incorrect hotels/days have been booked, many of them have been dealt with through the complaints process and I will not comment on them. Again whether it was agreed to 3 or 4 nights has been raised in complaints and these have been investigated. The dilemma is regarding whether there is a need for bathing facilities or whether [C] would be able to learn to manage the facilities within your caravans. Ability to wash yourself and getting dressed I have gained information from the previous assessment, discussed with school, Claire Foster and we have reviewed the carer's notes. I have read many strengths identified by both school and the carers There have been lots of improvements as explained in detail in the strengths section. In terms of washing the only support needed appears to be prompts to wash parts of your body and your hair. These are verbal prompts. You also sometimes need help with drying your body. You do not generally make a mess, just like playing with bubbles. The reason for 2 carers as part of their safeguarding policy, females bathing a teenage boy who can make inappropriate comments etc. …….. Using the toilet Mike Eglesfield from school told me you are able to have a wee by yourself and do need support if you need a poo to wipe your bottom. This has not changed since the last assessment completed. At home in the caravan, the toilet is a 'cassette toilet' and when you need the toilet it causes difficulties. …. your dad explained to me recently that the toilet has 2 compartments and 2 levers. When going to the toilet the person needs to fill the first compartment with water and pull the lever to flush it, but if the lower compartment (cannister waste) has too much liquid in it already before flushing, it will overflow with the toilet waste and chemicals…… Your dad feels your protected rights have been violated. I asked what would be the solution to this problem as you want to remain in a caravan, your dad said they need a flush toilet in his father's land; however, site provisions have been failed by the Local District Council…… This is an area of contention that the CWD team are unable to resolve, your dad's frustrations are at the District Council, but this is not specifically related to CWD. Again I see how frustrating this if for the family as you dad is being passed between housing, and planning within the District Council. ……….. Impact on Parents and Family … your dad explained to me that his mental health is ‘not good’ as he has been told he has complex PTSD, which stems from when you were born. Your dad has been put forward for CBT (cognitive behavioural therapy) last month and feels …. it should be available soon….. I also know your mum has physical health difficulties, which she takes medication for. Reading the parent carer assessment from August 2024, it shared that your mum was very poorly when you were approximately 2….. Due to this your dad does not believe your mum should be supporting with your personal care as he believes that this could make your mum poorly again. Clare also spoke to your mum as part of her assessment and your mum can sometimes feel exhausted later in the day and worries about being very poorly again….. From listening to your mum and dad, I can see living within the showman community and travelling a great deal, adds to the difficulties in managing your disability needs. The impact of no running water, showering options and a flushable toilet causes you mum and dad extra complications and frustrations. ……… The options within the family without the Local Authority’s support? In Samm Hale's view in the social work assessment she wrote in 2023, you have access to bathing at home but you have not been taught to use it, your bathing opportunities out of county are down to parental responsibility to ensure a provision is in place. …., Samm thought it would be achievable for you to shower in your caravan with the right learning and support, such as visual aids and with mentoring. Overtime this learning could be embedded so that you could be independent; maybe requiring some prompting. Your dad disagrees with this saying not only is the space too small and you cannot press the button properly, he also worries you could slip or fall over so would need constant supervision. ….. …. you are aged 15 now, in your recent EHCP it has demonstrated some positives in your communication skills and understanding routines. This has been extensively considered in the strengths section. My main consideration is that if you are able to follow a basic 2- step routine, this means you should by able to learn to safely shower in the caravan. At 15, it is not ideal for two female workers to be overseeing your bathing, we should be looking at how you can have some privacy. There is some merit in considering that in the future, you could be taught how to shower in the caravan so that you do not cause flooding or at least to give this option a try. …… Options with Local Authority support ….. your dad talked about having a' block booking' of hotels when you are with the fairgrounds, Monday to Friday. He felt that then you can use the bathroom when you want to. We have considered how this would work, as often you need to travel to them, which your dad says is very difficult to have access to a vehicle and we know there are times you do not want to go to the hotel. Your dad would have to be taking you around his work and again we know after 7pm, you are often too tired to go. Your parents say this meets your cultural need of bathing every day. However your father has not provided any specific evidence that this is in fact a cultural need and your dad told Daniela that he does not bathe every day. I accept that when you have an upset stomach you may need extra bathing. Your dad gave me an example recently where you needed the bathroom as you had been unwell with 'dysentery' and you needed bathing in this emergency situation. He said if he had a block booking he could have simply taken [you] there. On 10.04.25 [you] again had an upset stomach and thankfully it was day a hotel room had been booked and his room was still available at 6pm when he needed it. However, I would question how often you have needed the extra bathing over the years. Your dad thinks a block booking of hotels is needed so you can access one when you need to. The carers over the 3 days only take you for about an hour each time, and you may or may not use it on the other days. Therefore the hotel room does not get used otherwise as not part of your culture to be accessing it. We have to consider if this is proportionate to your needs and what we need to provide for you. I know there are days you do not want to go. ……… Other issues …….. Hotel bookings Your dad wanted to book an emergency hotel room as you had an accident urinating. Your dad was advised of ways to clean you, which he felt were discriminatory….. Your Dad has made complaints when the bookings have been wrong….This has been an ongoing issue and one of the reasons your dad wants block booking. Due to the process of booking rooms which is through our central admin team, there have understandably been issues at times. The LA worked hard to ensure the 3 bookings a week run as smoothly as possible, but regrettable some issues have been inevitable. Your dad has also changed days and times. … The Gigaloo We provided you with a gigaloo for some period of time. Whilst deemed to meet need, it was too cold in the winter and at times, too hot to use in the summer. The Gigaloo blew over and broke the window of your caravan… [C’s] sexualised behaviours Included in Samm Hales assessment was around you making inappropriate sexual remarks or behaviours to the carers who support you with bathing….. However, this seems to be managed well with having 2 workers. All safety measures are in place, and at present nobody is raising it as a problem so this will not be a focus on this area. Moving forward, the concerns are more around your privacy and learning skills so you can become as independent as possible. ……. Self-Care Needs – bathing/dressing and toileting Ability to wash yourself and dressing …., you have had 2:1 carers from Ability who travel with you to wherever you are based which in my opinion has been a real strength in having the same carers. This continuity will have been the best care for you … as you have formed a relationship with them. I know your dad has complained about working around their availability, but I feel this has been a fair and reasonable compromise, given they are travelling to different locations. I have taken the time to gain updates from school and Ability. We have also looked at the recent carers notes…., you currently have 2 workers from Ability care to support you. They take you to a hotel to have a bath. This was initially put in as your mum was unwell. The workers visit you when you are in Malvern and when you are travelling. You have to have 2 staff…, as one is there to make sure you are safe. As said, you are 15 now so being taken by 2 female carers is not an ideal solution for you. There are times we are asked to get you an early check in at a hotel so you can be bathed earlier. We recognise at 15, you likely do not want a bath in the middle of the day as this is unusual for teenagers and makes you different from your peers or you may be pulled away from what you are doing. It is unusual for us to provide carers to bath our young people, we want parents to be able to do this or at least we expect them to be one of the adults supporting. We know there are times the carers cannot get to you due to differing reasons. Claire Foster asked why your mum does not go with you, your dad said she needs to cook tea or can be busy. ….., Claire and I have read 10 different reports about what your week looks like with the carers so I can understand your experience with them. You have 3 bathing calls and I activity per week. I read there were 3 times that you did not want to go with the carers and you made your views known. Over 2 of the weeks, calls were cancelled by your mum or dad as you would not be there to take out. The carers help you by prompting you to wash yourself, you like to play in the bath sometimes. They say you do not generally make a mess other than what would be expected getting out of the bath. You can get muddled with your clothes and need reminders. I am thinking if we can help you with this using photos prompts. …… I can see you like some of the staff team more than others. I know at times you can say things to them and need reminding not to, as you may call them 'cute' or refer to them as your 'girlfriend' or 'mum'. You have kissed their badge or their arm. You listen when you are reminded. The carers think you have capacity to learn new things and we would all like to see you being more independent with your washing and dressing. We have a team of family support workers and we will talk to them about anything we can use to help you like photos or picture charts. …….. Ability (email received 03.04.25) ……. Is [C] reliant on prompts (bathing) - Staff are of the opinion that without prompts you would not wash himself thoroughly at all. He would happily "relax" in the water but wouldn't put soap on the flannel without encouragement and would only wash bits of your body (one arm for instance) without constant guiding and prompting from staff. …., you like to play in the bath and you can get easily distracted. You can't apply your shampoo properly, as you only put it on top of your head and can't work it through. You can't rinse it thoroughly himself either. School's views on washing/dressing Swimming – [C] changes independently from his clothes to his swim shorts. After swimming, he does need some physical help to dry/dress, e.g. dry his back or put socks onto damp feet, but he is improving in this area. One thing he does always need help with is getting his clothing on (e.g. not reversed or inside out) Fine motor skills - relating to the shower button – [C] does not have strength in his fingers, so pressing a button (if a hard press is needed), might be something he would struggle with. Toileting – [C] is able to ask an adult to go to the toilet (sometimes we do need to remind him to ask) but he will leave the classroom, go to the toilets and return independently (mostly successfully). If he has had a bowel movement he will tell us and we will check/wipe. On roughly 50% of occasions he is already clean. Sam told me that the times that you are not clean tends to be when you are feeling unwell. [CJ’s] Learning and Independence Skills When I met with school said some of his independence skills had improved. Mike (DSL) feels that school can meet [C’s] need. The educational psychologist saw [C] in November and made changes to his EHCP and this would be the gold standard of what could be provided. I also spoke to your class teacher Sam Pullen on 04.04.25 who responded: On other independence skills, Sam responded: Progress in terms of [C’s] ability to engage with others (peers and familiar staff). He will initiate interactions with 2 close friends (one in his class and one in another class) and will mimic the actions he sees staff doing to engage with the pupil in his class…. Following simple 1 and 2 step instructions – [C] is able to follow familiar instructions that link to routine or familiar actions, such as when he gets off the bus, he brings himself to class, hangs his bag/coat on his peg, brings his drink to the classroom and chooses an activity he wants to do. The same on Friday lunch times - he will take himself from the classroom to dodgeball club, participate then take himself to the hall to have his dinner - all independently….. Eating – [C] eats his dinner independently using a knife/fork/spoon once it has been cut up for him. We are working on him not covering his nose/chin in yogurt once he has finished. Understanding - visuals do help [C] understand what he needs to do, but his preferred method of learning something new is to watch an adult model repeatedly. If it is a life skill (i.e. something not a learning skill/academic), I would say that he should be able to have a good go at trying. [C] often needs lots of praise/encouragement, but is usually willing to give most things a go. Relating to all of the above – [C’s] mood/emotions will always dictate how successfully or willing he is to engage in anything! ……. From school EHCP "…….. [C] finds change difficult to manage and this can result in some negative behaviours towards staff. [C] often needs encouragement and positive reinforcement to try new things or accept challenges with his learning, but you can see how proud he is of himself when he has successfully accomplished the task in hand. Some of [C’s] behaviour can be inappropriate both in play and towards adults. He can also become very possessive of members of staff in the classroom and finds it very difficult when he is asked to work with somebody else….. [C] is currently working towards NOCN accreditations in Maths and English at Enry Level 1. He has been working on number recognition to 10, including recognising, ordering and writing these numbers. [C] needs support to do this, but with repetition and constant reinforcement we are seeing progress….”

“…… Updates from Carers and bathing of [C] The current provision in place for [C] is to have 3 bathing sessions per week and one activity session. These are supported by one carer from Ability Care Agency who travel to wherever the family are. Either [parent] will attend the session to support [C] and the carer. This can mean [the parents] have to fit in with the times they will be arriving, which I know they can find frustrating. We rely on the Ability carers to share the time of arrival with parents; it is noted there are times when [C] is not dressed or ready for them when they arrive. We have agreed with [CF] that taking [C] at 15, off to be bathed in an afternoon is not the best plan for him and query how he sees this and why it has to happen. The agency often requests an early check to fit in with their timescales. which is an additional cost. It is noted that in July and August 11 calls were cancelled. This was due to [CF’s] availability, [C] not being at the fair or his refusal to go. When there has been a late a cancellation, WCC are still charged for the carers time. September has seen only 3 calls that did not happen, but with 3 sessions parents stated they could not help. Hotels have been booked in advance as much as possible and we are reliant on getting Ability’s availability, agreeing them with [CF] and to then find a hotel….. We have been clear that [C] needs to be using a shower, and the carers have been encouraging his skills in this area. It is noted from the carers records that this has not been happening and baths have been requested by [CF] and showers have not been used. [CF] has been resistant to the idea of [C] showering, however in the week of 14th September [CF] chose a hotel which he liked to use and was known to only have showers. The records from the care team do not evidence any issues around this for [C] and on a positive note, they state he managed really well. This supports our view that [C] can develop these skills and access a shower. I note comments such as ‘He dried himself and applied his talc and cream’. ‘He dressed himself and put on his own pants, t-shirt and shorts’. ‘[C] got in the shower and washed himself with no need for guidance’…. …. [CF] is advising [C] is still using a bucket to go to the toilet in, usually for when he needs a bowel movement. [CF] has said this is unhygienic and is causing problems for all the family when germs are spread. [C] is reported by [CF] to have bouts of diarrhoea, and this has been happening for some time (noted in April onwards)…. we are greatly concerned over the use of this bucket. [CF] cites this happens as [C] cannot be left alone in the caravan as he can make a mess in the toilet. I would not expect [C] to be climbing into the back of a lorry to use the bucket there unsupervised. It is therefore not clear why [C] is being supervised in the back of the lorry and not having supervision using his own toilet in the caravan. The toilet in the caravan offers a more hygienic solution but also does not disable [C]. We are concerned for how [C] feels having to be the only family member using a bucket. There is no reason that [C] should not be using the toilet in the caravan. Whilst [C] has raised that he struggles with the flush that is something that any family member could assist with and he is more than capable of assisting in carrying the water to the caravan for the flush to be used. Updates on parent’s health needs: …… [CF] We have received a response from Malvern Neighbourhood Mental Health Team on 5th September 2025. The team have shared that [CF] has contacted the CRISIS team 11 times between March 2021 and July 2025 (4 times in 2025) which has included times he has experienced thoughts of wanting to end his life when he is overwhelmed with hopelessness. The team have completed a risk assessment. I am very reassured to read that [CF] has received counselling and cognitive behaviour therapy with talking therapies, the response says “the objectives of these therapies were to explore different ways of coping/responding to difficult situations/ thoughts/feelings”. [CF] has completed a personal crisis plan with the mental health services – which includes identifying when he is feeling overwhelmed, and techniques to manage his distress, as well as contact details for services that can support him. The mental health team were asked how do these impact him on a day to day basis? “[CF] has been reviewed by a psychiatrist and a psychologist. [CF] does not have a mental health illness. His mental health is impacted by stressors in his life that he feels unable to have any control over. The main re-occurrent stressor recorded in his notes during contact with mental health professionals has been around his son [C] and accessing support for him. These are days when he is more able to cope and then periods of time when he feels over-whelmed, he will ruminate about situations, resulting in him feeling distressed and hopeless. During these levels of distress, he can experience thoughts to end his life as he can see no hope moving forward or any solution to the situation/problems. He has never made any attempts on his life”. …….. [CM] is described as the main carer in one of the hospital letters and this is not disputed, therefore, [CF] would need to offer extra support when [CM] is unwell which I also appreciate would be difficult for him when balancing this with running the fairs at certain times of year. Although, this would need careful organising and perhaps support from the extended family from time to time, it is achievable.” [CM] We have not received GP information regarding [CM]. From reviewing previous assessments and information stated within the medical information shared by [CF] on 22nd July, I can see that [CM] is affected by her medical conditions, particularly in respect of seronegative arthritis (CM describes this as rheumatoid arthritis) which appears to be the condition that affects her daily parenting when unwell. She also suffered from Bronchial nerve Cellulitis earlier this year which also affected her ability to care for [C], but I have read this has improved over recent months, which is positive and no longer giving her trouble. Without the further medical information, I cannot analyse fully on how [CM’s] conditions impact her on day to day basis. I have seen that [CM] visited the rheumatology department in May 2025 with swollen and tender joints, stiffness in mornings lasting up to an hour. This must be incredibly difficult when [CM] is having a flair up, especially earlier this year when she suffered with her arm and I have also read she was being investigated for cervical spine disk bulge (I have no further medication information about this). I am not underestimating how difficult this was but she does have [CF] and family who could step in, when is struggles. When [CM’s] conditions are under control and her medications are keeping symptoms at bay, I would imagine she is able to parent [C] and adapt the caring when needed. At times [CM], might need help with carrying the water or waste, but with guidance and support, there is no reason why [C] could assist with this, so she does not have to carry heavy items. The family have already talked about giving [C] simple tasks to help him feel included in daily life. With the information we have, it is our view that [CM] is able to support [C] with the support of her family when unwell. ……. Final assessment of [C’s] needs and conclusion: …… It is also evident that carers are not required for [C]. At 15, he does not need this additional help and records are showing that [C] can do the most of his self-care with only some prompts. His parents have evidenced that they are able to provide this care and meet their son's needs. Having 2 carers is not proportionate for [C], now aged 15 and having to be taken to a hotel is not meeting his needs. [CF] does ring in almost weekly with an issue regarding the hotels and this is time consuming for him and adds extra work to a busy day. There is no role for carers and the use of a hotel in not in [C’s] best interests. Parents have continually stated [C] is unable to use the shower in the caravan. We have offered support with giving [C] a 2 step routine to develop his skills with our family support team, but this was declined due to [CF] stating the shower in his current caravan is unusable and he will not allow [C] to use the travelling caravan as he is worried that [C] would cause water damage by flooding it. From the information from bathing and [C’s] skills now, it is our view [C] would be able to negotiate this routine with support from his parents and this is demonstrated by his skills in bathing himself as recorded in the carer recordings. It is our opinion that parents unwillingness to try to make it work for [C] to shower in his own home is not a reason to say that he should have provisions provided to him elsewhere. [The parents] are reluctant to look at creative ways to support [C] in his own home and are not prepared to try citing it is the Local Authority’s role, not theirs. Recommendations Having considered all the updated information from parents and the care agency, alongside reading the parent carer assessment, I remain of the opinion that the assessment completed in April remains relevant and our position remains the same. [C] does not require 2 carers to take him to a hotel to be bathed. He has really developed his skills and it is evidenced that he could access the shower in his home. It is only due to parents not letting this be tried that we have not progressed this. Parents have evidenced that they can meet his needs and with ongoing support and supervision they can manage his care needs themselves and therefore it is our recommendation that they do this moving forwards. The toilet in the caravan can meet [C’s] needs with the support of his family and we do not recommend that any changes or adaptions are required. …… Emergency provision has been required as [C] is described by his father as ‘messing himself’. He states this is to the unhygienic condition of using a bucket. There is no reason [C] cannot use the toilet in the caravan with supervision. [C] should not be in a position that using a bucket is making him unwell, when there is no reason for this to be happening. Therefore we are not recommending any emergency provision is required. Parents can put in hygiene measures when he is using the toilet to prevent any spread of germs. I would also recommend that parents apply again for a Disabled Facilities Grant if they wish for a brick building to be built to house a bathroom in Malvern, as we have been advised they can do this. …….”

“Ground 1: the process irrationality in the Defendant’s assessments of the Claimant and his parents’ social care needs Ground 2: the breach of Article 8 ECHR arising from the failure to meet his social care needs resulting in undignified conditions and a failure to respect his ethnic and cultural identity as a Romany and a Traveller”

“[55.] In most contexts, rationality is the standard by which the common law measures the conduct of a public decision-maker where there has been no infringement of a legal right, no misdirection of law and no procedural unfairness. It encompasses both the process of reasoning by which a decision is reached (sometimes referred to as “process rationality”) and the outcome (“outcome rationality”): see e.g. R (Law Society) v Lord Chancellor [2018] EWHC 2094 (Admin), [2019] 1 WLR 1649, [98] (Leggatt LJ and Carr J). [56.] Process rationality includes the requirement that the decision maker must have regard to all mandatorily relevant considerations and no irrelevant ones, but is not limited to that. In addition, the process of reasoning should contain no logical error or critical gap. This is the type of irrationality Sedley J was describing when he spoke of a decision that "does not add up – in which, in other words, there is an error of reasoning which robs the decision of logic": R v Parliamentary Commissioner for Administration ex p. Balchin [1998] 1 PLR 1, [13]. In similar vein, Saini J said that the court should ask, "does the conclusion follow from the evidence or is there an unexplained evidential gap or leap in reasoning which fails to justify the conclusion?": R (Wells) v Parole Board [2019] EWHC 2710 (Admin), at [33].”

“[66.] First, the Assessment failed to grapple with the family’s clear message that they were at crisis point. The fact that TS’s family were feeling overwhelmed was recorded by the Defendant. The Assessment stated that the family were at “crisis point”