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Local authority

07 October 2016
Issue: 7717 / Categories: Case law , Law digest , In Court
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R (on the application of GS (by her litigation friend the Official Solicitor)) v Camden London Borough Council [2016] EWHC 1762 (Admin), [2016] All ER (D) 205 (Jul)

The Administrative Court partially allowed the application of the claimant, who suffered physical and mental health problems, for judicial review of the defendant local authority’s decision that she did not have a need for care and support, in particular, accommodation. The authority’s decision not to exercise its power under s 1 of the Localism Act 2011 had been unlawful, as it had had a duty to act to the extent that it was necessary for the purpose of avoiding a breach of the claimant’s rights under the European Convention on Human Rights.

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