Resources – s2 Chronically Sick and Disabled Persons Act – care plans – policy guidance
The duty under s2 Chronically Sick and Disabled Persons Act to provide recreational facilities outside the home was owed to the applicant personally. The applicant’s recreational needs were greater than those provided for in the care plan. The local authority could not simply rely on the unavailability of adequate facilities in treating its duty to the applicant as discharged. Assessments should be needs-led and, although resources could not be ignored, the local authority had a duty to asses applicants’ needs in the context of the needs of others and the resources or facilities which are or remain available.
The content of the care plan itself was in breach of policy guidance which, in the absence of good, identifiable reasons, amounted to a breach of duty. Local authorities should also have regard to practice guidance when drawing up care plans, although this did not have the same force as policy guidance.