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The Impact of the Gloucestershire Case

With the House of Lords due to hear the Gloucestershire(1) appeal in early February, Stephen Cragg(2) rehearses some of the practical implications of the Court of Appeal decision that the judges will need to consider in their judgements.

1 November 1996

With the House of Lords due to hear the Gloucestershire(1) appeal in early February, Stephen Cragg(2) rehearses some of the practical implications of the Court of Appeal decision that the judges will need to consider in their judgements.

1. Local authorities greeted the Court of Appeal judgment with arguments that 'it would be difficult and unwieldy to operate' a system whereby needs of disabled people under section 2 of the Chronically Sick and Disabled Persons Act 1970 are pre-eminent to community care services provided pursuant to section 47 of the 1990 Act, Swinton-Thomas LJ in the Court of Appeal anticipated these objections when he said:

'I do not myself see that this creates any great difficulty, bearing in mind that section 47 gives the local authority very broad powers to provide community care services, whereas section 2 only imposes a duty to make provision to meet identified need. In any event, it is by no means unusual in s...

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