S, R (on the application of) v London Borough of Lewisham & Ors [2008] EWHC 1290 (Admin) (15 May 2008)

S, R (on the application of) v London Borough of Lewisham & Ors [2008] EWHC 1290 (Admin) (15 May 2008)

A person with no settled residence who is physically present in the area of a local authority at the time of application for urgent accommodation and support under section 21 and section 24 of the National Assistance Act 1948 is entitled to be assessed and supported by that authority, regardless of prior residence or connection.

Citation
[2008] EWHC 1290 (Admin)
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 / Final Judgment
Outcome
Judgment for London Borough of Hackney; London Borough of Lewisham is responsible for costs of accommodating S.
Legal Topics
Ordinary Residence, Local Authority Responsibility, National Assistance Act 1948, Statutory Interpretation, Provision of Accommodation and Support
Administrative Law Social Welfare Law Ordinary Residence Local Authority Responsibility National Assistance Act 1948 Statutory Interpretation Provision of Accommodation and Support

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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 / Final Judgment

Legal Issues

  1. 1 Which local authority is 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 who presents in urgent need?
  2. 2 Does physical presence alone suffice to establish responsibility under section 24(3) of the 1948 Act?

Ratio Decidendi

A person with no settled residence who is physically present in the area of a local authority at the time of application for urgent accommodation and support under section 21 and section 24 of the National Assistance Act 1948 is entitled to be assessed and supported by that authority, regardless of prior residence or connection.

Court Disposition

Judgment for London Borough of Hackney; London Borough of Lewisham is responsible for costs of accommodating S.

Orders

  • Lewisham is liable for costs of accommodating S in the relevant period.
  • Costs issues to be resolved between parties; if not agreed, written submissions to be lodged within 35 days.