A local authority was sued by a disabled person for breach of the duty imposed by s.2 of CSDPA.
Held: The case was struck out on the basis that her proper remedy was to persuade the Minister to use his default powers under s. 36 of the 1948 Act. As to her claim for damages, Geoffrey Lane LJ said: ‘It seems to me that a statute such as this, which is dealing with the distribution of benefits–or, to put it perhaps more accurately, comforts to the sick and disabled–does not in its very nature give rise to an action by the disappointed sick person. It seems to me quite extraordinary that if the local authority, as is alleged here, provided, for example, two hours less home help than the sick person considered herself entitled to, that that can amount to a breach of statutory duty which will permit the sick person to claim a sum of monetary damages by way of breach of statutory duty.’
Judges:
Geoffrey Lane and Eveleigh LJJ
Citations:
(1978) 76 LGR 727
Statutes:
Chronically Sick and Disabled Persons Act 1970 2, National Assistance Act 1948 36
Jurisdiction:
England and Wales
Cited by:
Cited – O’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 31 July 2022; Ref: scu.180464
