Wigan BC, ex p Tammadge [1998] 1 CCLR 581 (QBD)

Resources – relevance – assessments

A local authority is entitled to take resources into account to a limited extent in assessing whether and if so what need exists under s21 National Assistance Act 1948. Once, however, it has assessed a need as existing (or accepted the finding of a Social Services Complaints Review Panel to that effect) it has a duty to the applicant to make provision for that need and it is not lawful to refuse to perform that duty because of a shortage of or limits upon its financial resources.

Leave a Reply

Your email address will not be published.