CHAPTER 17
Local authority general powers
17.1Introduction and statutory machinery Cases
17.11R (J) v Enfield LBC [2002] EWHC 432 (Admin), (2002) 5 CCLR 434 Local authorities are under a duty to provide support under section 2 of the LGA 2000 in cases where, otherwise, the applicant’s ECHR rights would be violated
17.12R (Theophilus) v Lewisham LBC [2002] EWHC 1371 (Admin), [2002] ELR 719 An LEA could use section 2 of the LGA 2000 to provide student support where it lacked the power to do so under the relevant regulations
17.13R (W) v Lambeth LBC [2002] EWCA Civ 613, (2002) 5 CCLR 203 A local social services authority could provide family accommodation under section 2 of the LGA 2000
17.14R (A and B) v East Sussex CC [2002] EWHC 2771 (Admin), (2003) 6 CCLR 177 A local authority could use its power under section 2 of the LGA 2000 to make payments to a user independent trust
17.15R (Khan) v Oxfordshire CC [2004] EWCA Civ 309, (2004) 7 CCLR 215 Unless there would otherwise be a breach of ECHR rights, a local authority could not provide accommodation under section 2 of the LGA 2000 to a person excluded from such accommodation by other legislation
17.16R (PB) v Haringey LBC [2006] EWHC 2255 (Admin), (2007) 10 CCLR 99 A local social services authority could not use section 2 of the LGA 2000 to provide ordinary accommodation to a person to whom it was prohibited from providing accommodation under the Housing Acts
17.17R (Morris) v Westminster CC [2005] EWCA Civ 1184, [2006] 1 WLR 505 Section 2 of the LGA 2000 could be used to provide accommodation that could not be provided under other legislation, so long as it was not used simply to circumvent that other legislation
17.18R (MK) v Barking and Dagenham LBC [2013] EWHC 3486 (Admin) Section 1 of the Localism Act 2011 could not be used to provide accommodation and support to a destitute individual, without children or care needs
17.19R (GS) v Camden LBC [2016] EWHC 1762 (Admin), (2016) 19 CCLR 398 Section 1 of the Localism Act 2006 could be used to provide accommodation to a person not entitled to accommodation under the Care Act 2014 and had to be so used insofar as necessary to avoid the breach of a person’s ECHR rights