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R (Manchester City Council) v St Helens Borough Council [2009] EWCA Civ 1348

PE had voluntarily moved from St Helens to Manchester and, following the Secretary of State's decision that she was now ordinarily resident there, St Helens decided to stop funding her community care services. (1) Under s29 National Assistance Act 1948 a local authority is under a duty to provide services to those ordinarily resident in its area. (2) St Helens had a power to pay but the exercise of this power did not give rise to a duty or negate Manchester's duty, or give rise to any legitimate expectation.

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Judgment: 6th November 2009

Before: The President of the QBD (Sir Anthony May), LJ Baker, LJ Lloyd

Mr S Knafler (instructed by Manchester CC Legal Services) appeared on behalf of the Appellant.

Miss J Richards (instructed by Messrs Weightmans LLP) appeared on behalf of the Respondent.

The interested party PE did not take any part in these proceedings.

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