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R (BG) v Medway Council
[2005] EWHC 1932 (Admin), (2005) 8 CCLR 448
 
11.73R (BG) v Medway Council [2005] EWHC 1932 (Admin), (2005) 8 CCLR 448
It was lawful to provide assistance under section 2 of the Chronically Sick and Disabled Persons Act 1970 and to attach rational conditions to the loan
Facts: BG was a very severely young child. Medway awarded his family the maximum disabled facilities grant of £25,000.00, for adaptations and extensions to the family home, a discretionary non-repayable grant of £10,000.00 and a loan of £30,000.00 secured on the home, repayable on certain conditions, including if the family moved, BG moved away or died or the home was re-possessed. The family challenged the lawfulness of the conditions.
Judgment: Richards J held that the it was lawful to provide assistance under the Chronically Sick and Disabled Persons Act 1970 by way of a loan and that the conditions imposed were rational, took into account the family’s means and complied with Article 8 ECHR.
R (BG) v Medway Council
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