Robertson v Fife Council: HL 25 Jul 2002

The local authority considered providing residential care to the applicant. She had given away her former home, and they sought to take into account notional capital attributed to her as if the house had not been given away. Having done so, it declined to assist.
Held: The obligation to provide care was a separate duty and was not to be run together with the consequences of the assessment of financial resources when the authority considered whether to offer assistance. The direction in section 12(3A) of the 1968 Act to disregard capital below one level was not a direction to take into account capital above that level. This did not mean that the patient should not be charged for the care provided. The need assessment came first, and the costs implications was a separate and second matter.


Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hope of Craighead and Lord Hobhouse of Woodborough


Times 08-Aug-2002, [2002] UKHL 35, (2002) 68 BMLR 229, (2002) 5 CCL Rep 543, 2003 SCLR 39, 2002 SC (HL) 145, 2002 Hous LR 78, 2002 GWD 26-927, 2002 SLT 951


House of Lords, Bailii


Social Work (Scotland) Act 1968 12 12(3A) 12A 13A 55, Community Care (Residential Accommodation) Act 1998, National Health Service and Community Care Act 1990



Benefits, Local Government, Health

Updated: 06 June 2022; Ref: scu.174395