The applicants had two severely disabled children. They sought assistance from the local authority in carrying out the necessary adaptations to their home. The authority asked first as to their financial circumstances. They declined, saying that any such consideration was not relevant to the decision.
Held: The statutes were unclear, but the result was that the authority’s decision to provide th alterations was dependent upon finidng first that the family could not afford it themselves. That required the family to provide financial information. The judicial review was refused.
Judges:
Lord Justice May, Lord Justice Rix, Lord Philips Of Worth Matravers, Mr
Citations:
(2005) 84 BMLR 169, [2005] 1 WLR 2884, (2005) 8 CCL Rep 272, [2005] HLR 41, [2005] 1 FCR 608, [2005] 2 All ER 954, [2005] BLGR 561, Times 05-Apr-2005, [2005] EWCA Civ 302
Links:
Statutes:
Children Act 1989, Chronically Sick and Disabled Persona Act 1970 2 28A
Jurisdiction:
England and Wales
Local Government, Housing
Updated: 29 June 2022; Ref: scu.223678
