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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

07 DEC 2011

Sunderland City Council, R (on the application of) v South Tyneside Council [2011] EWHC 2355 (Admin) (2011) PLLR 047

Community care – Local authorities – Duty of care – Residency

Hospital stays do not ordinarily constitute a break in residency when determining the appropriate local authority to exercise a duty under section 117 of the Mental Health Act 1983.
15 July 2011
Administrative Court
Langstaff J
(1) This case concerned whether either, and if so which, of two local authorities had a duty under section 117 of the Mental Health Act 1983 of providing after-care services upon the eventual release of a young woman, SF, aged 23 from compulsory detention for treatment.

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