The Queen (on the application of GS by her LF the OS) v Camden LBC has just been decided in the High Court, on 21 Oct. Here is the link http://www.bailii.org/ew/cases/EWHC/Admin/2016/1762.html  EWHC 1762 (Admin)
It has held that the General Power under the Localism Act can be the basis for delivery of a human rights driven service in the shape of accommodation for even non-eligible needs under the Care Act!
I take this to be a significant development of the state of care and support law, firstly in the PSIC/NRPF field, but also beyond cases in which immigration status is relevant, beyond that which has previously been settled.
I take it to mean that accommodation that’s been provided to an adult, temporarily, by a council, for the meeting of urgent needs, pending consideration of social care needs, and human rights considerations, cannot be withdrawn just because there is ultimately a conclusion that a person is not in fact eligible under the Care Act for accommodation, and not in line for a consideration of any s19 Care Act power (because of not having any needs for care or support) if in fact that withdrawal would be a breach of Convention rights.
To my mind that changes the face of local authority obligations and constitutes a very large new burden – because it could apply to anyone street homeless and in a dire situation, regardless of their immigration status, or their eligibility for adult social care, once denied an accommodation related service under the Care Act, even if they were also not able to access Housing or Homelessness help.
This new obligation would be a LOCAL AUTHORITY obligation, rather than a Housing or Social Services obligation (as it is when the person’s situation justifies using the legislation despite the prohibition on help to people with a certain immigration status, since social services is the agency of last resort).
If it is a new burden, then surely central government needs to fund until it no doubt finds time to legislate to override the effect of the decision?
My next specialist webinar on Wednesday morning 2nd November is about NRPF clients’ rights, in any event.
Please contact me on [email protected] if you would like to be given a free seat in that webinar (no access to recording without a purchase however!)