Can an authority lawfully refuse to assess someone on the basis that they are not ordinarily resident in that authority’s area?

The answer is clearly No, because there are several community care services which are able to be lawfully provided (ie money spent on them) regardless of whether the person is ordinarily resident or not- and the duty to assess depends on the appearance of possible need for any community care service it is lawful to provide, not just the ones for which the authority has current arrangements in place.

Thus it is unlawful to make ordinary residence a condition for eligibility for an assessment and this has been formally held to be the case in a decided legal case (Parker).

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