North Yorkshire County Council, ex p Hargreaves (No 2) [1997] 96 LGR 39 (QBD)

Chronically Sick and Disabled Persons Act 1970 – holidays – fettering of discretion

Section 2(1)(f) Chronically Sick and Disabled Persons Act 1970 (facilitating the taking of holidays by a disabled person) requires a local authority to consider funding the entire cost of a holiday, when the need for the holiday is a direct result of the disability, and not just the additional costs of taking the holiday attributable to the disability. A policy by the local authority not to meet the basic cost of holidays, which would be incurred in any event irrespective of disability, unlawfully fettered its discretion.

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