28 February 2014
R (on the application of Cornwall Council) v Secretary of State for Health and others [2014] EWCA Civ 12, [2014] All ER (D) 170 (Feb)
The scope of the power under s 21 of the National Assistance Act 1948 (where accommodation was given a wide meaning) was in fact wider than the power conferred by s 23C(4)(c) of the Children Act 1989. The power to provide accommodation was a far cry from a power to provide the full range of community care services (including personal care services). If Parliament had intended to confer a power of that scope via s 23C(4)(c) of the 1989 Act, it would have done so expressly.
