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Local authority

13 October 2017
Issue: 7765 / Categories: Case law , Law digest , In Court
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R (on the application of Barking and Dagenham London Borough Council) v Secretary of State for Health [2017] EWHC 2449 (Admin), [2017] All ER (D) 41 (Oct)

The defendant Secretary of State had made no error of law when having decided that the services the second interested party had required had not been intrinsically linked to his accommodation and had been of the nature of care provided in the home under the National Assistance Act 1948 s 29. Accordingly, the Administrative Court dismissed the claimant local authority’s application for judicial review of the Secretary of State’s decision that he was ordinarily resident in the claimant’s area for the purposes of the provision of care services to him.

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