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R (W) v Lambeth LBC
[2002] EWCA Civ 613, (2002) 5 CCLR 203
 
17.13R (W) v Lambeth LBC [2002] EWCA Civ 613, (2002) 5 CCLR 203
A local social services authority could provide family accommodation under section 2 of the LGA 2000
Facts: the issue was whether local authorities had power under section 17 of the Children Act 1989 to provide accommodation for intentionally homeless families.
Judgment: the Court of Appeal (Brooke, Laws and Keene LJ) held that local authorities did have such power but that, if that was wrong, local authorities had power under section 2 of the LGA 2000:
75. Because of the view we take of the meaning of section 17 of the 1989 Act it is unnecessary for us to consider, as Elias J felt obliged to, the appropriateness of section 2 as a vehicle for the powers W seeks to invoke, particularly where a local authority like Lambeth has not yet finalised their community strategy. Mr Goudie argued, however, that the power under section 2(1) would not be available to his clients because they would be unable to provide accommodation to W and her family because of the ‘prohibition, restriction or limitation on their powers’ (see section 3(1) ), which is contained in sections 190(3) and 185 of the Housing Act 1996. The language of those provisions is, however, strikingly different from the language of section 122(5) of the IAA 1999 (see paragraph 68 above). Section 190(3), for example, merely provides that a local housing authority has a more limited duty in cases where an applicant is not found to have a priority need. It does not constitute a prohibition, restriction or limitation on their powers. In any event, even if a local housing authority’s powers were indeed limited in the ways suggested by Mr Goudie, these provisions say nothing about the powers of social service authorities, and we can see nothing in section 3(1) to preclude a social service authority from providing financial help, or temporary accommodation, to the family of a child in need if they think fit.
R (W) v Lambeth LBC
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