London Borough of Southwark, ex p Khana and another (28 June 2001 – unreported) (CA)

Assessment – residential care – duty to provide accommodation – s21 National Assistance Act 1948

A local authority was required to assess and meet needs, not to satisfy preferences for or insistence upon a certain type of accommodation. While s21 of the 1948 Act and s47 of the 1990 Act contemplated an assessment of accommodation needs that took account of the aim of preserving the independence of the elderly in the community for as long as possible, where the local authority concluded that those needs were best addressed in residential care it had satisfied its duties under the legislation.

On the evidence, the authority had been entitled to maintain its offer of a joint residential home placement, and had not been obliged to offer the two-bedroom ground floor flat as preferred by the claimants. The claimants’ preferred option would only have met some of Mrs K’s assessed needs, whereas the authority’s course was the only option that met Mrs K’s needs fully.

Leave a Reply

Your email address will not be published.