When does a power to provide accommodation become a duty? Care Act 2014

On 5 May 2016 the High Court will hear a case on behalf of a Swiss national who needs accommodation but is ineligible for mainstream housing because her disabilities currently prevent her from working.  The Court is likely to decide whether a need for accommodation is "a need for care and support" under the Care Act 2014 and whether the power contained in s.19 of the Act crystalises into duty when a failure to exercise it will result in destitution and a breach of Article 3.   The answers to these questions could have important repercussions for adults who need of accommodation but don't qualify for help under the Housing Acts. 

The Claimant is represented by Julie Cornes, partner at Maxwell Gillott Solicitors.