Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under section 2 of the 1970 Act whether it is necessary for it to make arrangements to meet the claimant children’s needs. The three stages identified in ex p. Barry applied: (i) identification of needs, (ii) a decision on whether it is necessary for the authority to meet those needs, and (iii) if so, the resulting duty to make such arrangements.
Judges:
Richards J
Citations:
[2004] EWHC 2314 (Admin), Times 02-Nov-2004
Links:
Statutes:
Chronically Sick and Disabled Persons Act 1970 2, Housing, Grants, Construction and Regeneration Act 1996 819, Local Government and Housing Act 1989
Jurisdiction:
England and Wales
Citing:
Application for leave – Spink and Another, Regina (on the Application Of) v London Borough of Wandsworth Admn 15-Jul-2004
Application for leave to present petition for judicial review – granted . .
Cited – Regina v Powys County Council ex parte Hambridge CA 2-Jul-1998
Statutory extensions of the council’s duty to provide new kinds of care, did not take away the authority’s power to charge for services given under the original section. The council may charge for community care services in the home provided to . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Fay, Regina (on the Application of) v Essex County Council Admn 26-Apr-2004
. .
Cited – AB X and Y, Regina (on the Application of) v East Sussex County Council and Another Admn 18-Feb-2003
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of . .
Cited – AB X and Y, Regina (on the Application of) v East Sussex County Council and Another Admn 18-Feb-2003
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of . .
Cited – Regina (Howard League for Penal Reform) v Secretary of State for the Home Department QBD 29-Nov-2002
The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act.
Held: Neither the Prison Act and Rules excluded the Prison . .
Cited by:
Full Application – Spink and Another, Regina (on the Application Of) v London Borough of Wandsworth Admn 15-Jul-2004
Application for leave to present petition for judicial review – granted . .
Lists of cited by and citing cases may be incomplete.
Health, Local Government
Updated: 23 June 2022; Ref: scu.216578