Local government

Social services - duty to accommodate compulsorily detained mental patients after discharge from hospital - local authority not entitled to chargeR v Richmond London Borough Council, ex parte Watson; R v Manchester City Council, ex parte Stennett; R v Harrow London Borough Council, ex parte Cobham; R v Redcar Borough Council, ex parte Armstrong: CA (Otton and Buxton LJJ and Hooper J): 27 July 2000

The four applicants were former mental patients who, having been compulsorily detained under s.3 of the Mental Health Act 1983 and then discharged from hospital, received aftercare services including accommodation provided by the respective local authorities pursuant to s.117 of the 1983 Act.

They applied for judicial review of decisions by each authority to charge for such accommodation.

The judge granted the applications and the local authorities appealed.

Richard Lissack QC, Robin Tolson and Mark Mullins (instructed by Head of Legal Services, Richmond London Borough Council; Legal Department, Manchester City Council; Solicitor to the Council, Harrow London Borough Council; and Chief Legal Officer, Redcar and Cleveland Borough Council) for the local authorities.

Richard Drabble QC and David Wolfe (instructed by Public Law Project) for the applicants Watson and Armstrong.

Fenella Morris (instructed by Hogans, Rainhill) for Stennett.

Jennifer Richards (instructed by Mackintosh Duncan) for Cobham.

Held, dismissing the appeal, that s.117 was unambiguous in its imposition of a freestanding obligation and was not, as the authorities had contended, a gateway to the provision of care services under s.21 of the National Assistance Act 1948, for which charges could be levied under s 22 of the 1948 Act; that, therefore, local authorities who provided accommodation in pursuance of their duty under s.117 were not entitled to charge for it.

(WLR)