A v The London Borough of Lambeth: Admn 25 May 2001

The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them.
Held: The structure the section is general, and point very clearly to a discretion, rather than a duty, to provide accommodation in any individual case. The Act also provides a distinction between a duty to provide services and any duty to provide housing. The duties are target ones. The 1970 Act does not include a power to provide accommodation.


[2001] EWHC Admin 376




Children Act 1989 17, Carer’s Recognition and Services Act 1995, Chronically Sick and Disabled Persons Act 1970


CitedRegina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim Admn 31-Mar-1999
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedRe G CA 11-Apr-2001
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Lists of cited by and citing cases may be incomplete.

Children, Local Government, Housing

Updated: 29 May 2022; Ref: scu.140334