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R v Berkshire CC ex p P
(1997–8) 1 CCLR 141, QBD
 
8.49R v Berkshire CC ex p P (1997–8) 1 CCLR 141, QBD
The duty to assess arises whenever there is a power to make provision
Facts: P lived in a care home in London but sought an assessment from Berkshire, where he used to live. A dispute arose as to where P was ordinarily resident and Berkshire declined to assess P’s needs on the ground that he was not ordinarily resident in Berkshire.
Judgment: Laws J held that the duty to assess arose whenever a local authority had power to provide services to a person who it appeared might need them and that, since a local authority was entitled to provide services to a person who was ordinarily resident in another area, the duty to assess had arisen.
R v Berkshire CC ex p P
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