Dwaine Campbell, R (on the application of) v London Borough of Ealing

Dwaine Campbell, R (on the application of) v London Borough of Ealing

Section 23 of the Care Act 2014 precludes a local authority from providing or funding ordinary accommodation under the Care Act where it is required to allocate housing under the Housing Act 1996, even if the individual has not yet secured accommodation. The appellant had no ongoing duty under the Care Act to provide or fund accommodation, and the withdrawal decision was lawful.

Parties
Claimant/appellant: Dwaine Campbell; Defendant/respondent: London Borough of Ealing
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Care Act 2014, Housing Act 1996, Local Authority Duties, Accommodation Plus Needs, Statutory Interpretation
Administrative Law Social Welfare Law Housing Law Care Act 2014 Housing Act 1996 Local Authority Duties Accommodation Plus Needs Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Dwaine Campbell

Claimant/appellant

London Borough of Ealing

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether s 23 of the Care Act 2014 prevents a local authority from funding accommodation where duties arise under the Housing Act 1996
  2. 2 Whether the decision to withdraw funding was irrational or for an improper purpose
  3. 3 Whether the decision amounted to victimisation under the Equality Act 2010

Ratio Decidendi

Section 23 of the Care Act 2014 precludes a local authority from providing or funding ordinary accommodation under the Care Act where it is required to allocate housing under the Housing Act 1996, even if the individual has not yet secured accommodation. The appellant had no ongoing duty under the Care Act to provide or fund accommodation, and the withdrawal decision was lawful.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.