11.72R (Spink) v Wandsworth LBC [2005] EWCA Civ 302, (2005) 8 CCLR 272
Local authorities were entitled to charge for service provided to disabled children under section 2 of the Chronically Sick and Disabled Persons Act 1970 and to take into account parental resources
Facts: Mr and Mrs Spink’s two sons were severely disabled and a dispute arose between them and Wandsworth as to whether the financial resources of the parents were relevant, when determining whether it was necessary to provide services for the benefit of the children, under section 2 of the Chronically Sick and Disabled Persons Act 1970.
Judgment: the Court of Appeal (Lord Phillips MR, May and Rix LJJ) held that local authorities were entitled to charge for services provided to children under the age of 16, under section 2 of the Chronically Sick and Disabled Persons Act 1970, albeit that the services were provided in the exercise of functions under the Children Act 1989. Further, the means of the parents were relevant to determining whether it was necessary to meet the needs of the children:
46. We would endorse the reasoning of Richards J. As a general proposition a local authority can reasonably expect that parents, who can afford the expense, will make any alterations to their home that are necessary for the care of their disabled children, if there is no alternative source of providing these. It is also reasonable to anticipate that some parents with means will not do so if they believe that this will result in the local authority making the alterations for them. (We emphasise that we are speaking in generalities and not suggesting that Mr and Mrs Spink fall into this category.) Having regard to these considerations, we agree with Richards J that a local authority can, in circumstances such as those with which we are concerned, properly decline to be satisfied that it is necessary to provide services to meet the needs of disabled children until it has been demonstrated that, having regard to their means, it is not reasonable to expect their parents to provide these.
Comment: services for disabled children are still provided under section 2 Chronically Sick and Disabled Persons Act 1970.