8.54R v Bristol CC ex p Penfold (1997–8) 1 CCLR 315, QBD
An assessment must fully explore needs
Facts: Ms Penfold was a homeless single parent who suffered from anxiety and depression. She was no longer entitled to assistance under the Housing Acts. Bristol declined to assess Ms Penfold’s needs under the National Health Service and Community Care Act 1990, on the ground that she did not appear to be a person who ‘may’ need services and, in any event, there was no realistic prospect of the local authority providing her with accommodation under any of the community care legislation, given its straightened resources and the applicant’s accommodation history.
Judgment: Scott Baker J held (at 321B) as follows:
An assessment is something that is directed at the particular person who presents with an apparent need. One cannot be said to have been carried out unless the authority concerned has fully explored that need in relation to the services it has the power to supply. In some cases the exercise will be very simple; in others more complex.