Spink, R (on the application of) v Wandsworth Borough Council [2004] EWHC 2314 (Admin) (20 October 2004)

Spink, R (on the application of) v Wandsworth Borough Council [2004] EWHC 2314 (Admin) (20 October 2004)

A local authority is lawfully entitled to take into account the financial resources of the parents when deciding under section 2 of the Chronically Sick and Disabled Persons Act 1970 whether it is necessary for it to make arrangements to meet the needs of disabled children. The authority's duty does not arise simply because needs are unmet; it must first judge whether it is necessary for it to act, and parental resources are a relevant factor in that judgment.

Citation
[2004] EWHC 2314 (Admin)
Parties
Claimant: The Queen (on the application of Spink); Defendant: Wandsworth Borough Council
Jurisdiction
England and Wales
Judgment Date
20 October 2004
Procedural Posture
Judicial Review / Substantive Hearing After Permission Granted on Aids and Adaptations Issue
Outcome
Claim dismissed
Legal Topics
Local Authority Duties, Provision of Aids and Adaptations, Means Testing, Disabled Children, Interpretation of 'necessity' Under Chronically Sick and Disabled Persons Act 1970, Charging Powers Under Health and Social Services and Social Security Adjudications Act 1983, Compatibility With European Convention on Human Rights
Administrative Law Social Welfare Law Disability Law Human Rights Local Authority Duties Provision of Aids and Adaptations Means Testing Disabled Children +3 more

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Parties

The Queen (on the application of Spink)

Claimant

Wandsworth Borough Council

Defendant

Procedural Posture

Judicial Review / Substantive Hearing After Permission Granted on Aids and Adaptations Issue

Legal Issues

  1. 1 Whether a local authority is entitled to take into account the parents' financial resources when determining if it is necessary to provide aids and adaptations for disabled children under section 2 of the Chronically Sick and Disabled Persons Act 1970

Ratio Decidendi

A local authority is lawfully entitled to take into account the financial resources of the parents when deciding under section 2 of the Chronically Sick and Disabled Persons Act 1970 whether it is necessary for it to make arrangements to meet the needs of disabled children. The authority's duty does not arise simply because needs are unmet; it must first judge whether it is necessary for it to act, and parental resources are a relevant factor in that judgment.

Court Disposition

Claim dismissed

Orders

  • Declaration that the defendant authority is entitled to have regard to parental resources when deciding under section 2 of the Chronically Sick and Disabled Persons Act 1970 whether it is necessary for it to make arrangements to meet the needs of the claimants.