Gloucestershire County Council ex p Barry, Mahfood, Grinham, and Dartnell [1995] 30 BMLR 208 (QBD)

Assessment – s2 Chronically Sick and Disabled Persons Act 1970 – resources

A local authority had a duty, under s47(1) National Health Service and Community Care Act 1990, to carry out an assessment of the needs of anyone for whom community care appeared to be required. In assessing whether: a) an individual has a need; and b) if so, what arrangements ought to be made to meet that need, a local authority was entitled to balance the needs of the individual against the comparative needs of the disabled in the area in the context of the amount of resources available. A local authority was not, however, entitled to withdraw or reduce the provision of services without first reassessing the individual’s current needs in such context.

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