S, R (on the application of) v London Borough of Lewisham & Ors

S, R (on the application of) v London Borough of Lewisham & Ors

Physical presence in the area of a local authority at the time of application is sufficient to make that authority responsible for providing accommodation and support under section 21 and section 24 of the National Assistance Act 1948 to a person with no settled residence.

Parties
Claimant: S; First Defendant: London Borough of Lewisham; Second Defendant: London Borough of Lambeth; Third Defendant: London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Judgment for the London Borough of Hackney; London Borough of Lewisham held responsible under section 24(3) for S's accommodation and support.
Legal Topics
Local Authority Responsibility, National Assistance Act 1948, Ordinary Residence, Provision of Accommodation and Support, Statutory Interpretation
Administrative Law Social Welfare Law Local Authority Responsibility National Assistance Act 1948 Ordinary Residence Provision of Accommodation and Support Statutory Interpretation

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Parties

S

Claimant

London Borough of Lewisham

First Defendant

London Borough of Lambeth

Second Defendant

London Borough of Hackney

Third Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether physical presence in a local authority's area at the time of application is sufficient to make that authority responsible for providing accommodation and support under section 21 and section 24 of the National Assistance Act 1948 to a person with no settled residence

Ratio Decidendi

Physical presence in the area of a local authority at the time of application is sufficient to make that authority responsible for providing accommodation and support under section 21 and section 24 of the National Assistance Act 1948 to a person with no settled residence.

Court Disposition

Judgment for the London Borough of Hackney; London Borough of Lewisham held responsible under section 24(3) for S's accommodation and support.

Orders

  • Judgment in favour of the London Borough of Hackney on the issue of responsibility under section 24(3) of the National Assistance Act 1948.
  • Costs to be determined after further submissions if not agreed between the parties.