Bexley London Borough Council, ex p B [1995] CL 3225( QBD)

Duty to provide services – s2 Chronically Sick and Disabled Persons Act 1970 – s17 Children Act 1989

If a local authority is satisfied that a disabled child needs a service of a kind that can be provided under s2 Chronically Sick and Disabled Persons Act 1970, then the local authority is under a duty to provide that service under s2, whether or not a formal request for an assessment of need is made. The local authority cannot avoid a specific duty owed to the disabled child under s2 by purporting to act under the more general provisions of the Children Act 1989.

Leave a Reply

Your email address will not be published.