Birmingham County Council, ex p Taj Mohammed [1998] 3 CCLR 441 (QBD)

Resources – disabled facilities grant – duty- power

In deciding whether or not to approve a disabled facilities grant (DFG) for purposes under s23(1) Housing Grants, Construction and Regeneration Act 1996, local housing authorities were not entitled to take resources into account, save to the extent that they were expressly authorised or required to do so by the Act. The 1996 Act had deliberately downgraded the provision of four types of grant from a duty to a power, but those did not include DFGs.

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