Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Local authority definition

What does Local authority mean? In legal practice, a local authority is the elected council that provides local government for a defined area, exercising statutory functions including planning, housing, social care, education, highways, environmental health, licensing, and the collection of council tax or rates. The expression appears widely in legislation and case law; its precise scope is set by the relevant statute. England: county councils and district councils (including metropolitan boroughs), unitary authorities, London Boroughs and the Common Council of the City of London; parish and town councils are local authorities at the most local tier. Wales: unitary county and county borough councils. Scotland: the...

Remaining at Home: Assessments, Eligibility, Care Planning, Direct Payments and Remedies under the Care Act 2014 (England)

Published by a LexisNexis Local Government expert

Practice notes

Individuals requiring care and support might have to relocate to accommodation better suited to their needs and circumstances. With appropriate assistance from the local authority, some may remain in their own accommodation instead. The Care and support statutory guidance confirms that ‘independent living’ sits at the heart of ‘promoting wellbeing’, which is the Care Act’s primary purpose. Enabling people to live as autonomously as possible, for as long as possible, is a fundamental principle of the Care Act 2014 (CA 2014)...

Community care assessments

A local authority is obliged to assess the needs of any adult it believes may require care and support. authorities are expected to apply a low threshold when deciding whether to undertake assessments in the first place. After completing an assessment, the authority must consider it in full and decide which services, if any, are needed to meet the person’s needs. Where an adult’s needs meet the eligibility criteria, the authority may elect to meet them, or in some circumstances be under a duty to do so. See Practice Note: Care and support needs assessments...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Jonathan Auburn

11 King's Bench Walk

Jonathan has a large practice in all areas of community care law (adults and children), healthcare, mental health and mental capacity law for both local authorities and individuals. Jonathan is rated by Chambers and Partners as the leading ranked junior for community care work. He is also highly ranked for Administrative & Public Law, Local Government Law and Education Law. He has acted in the most important recent cases, including R (KM) v Cambridgeshire CC (Supreme Court) and Westminster CC v SL (Supreme Court). This year he brought successful challenges to the government’s administration of its new benefit, Personal Independence Payments, in R (C and W) v Secretary of State for Work and Pensions, and to local authority charging policies, in R (KM) v Northamptonshire CC. Jonathan has also recently acted in reported cases on care home funding disputes, age...

Rebecca Handcock

Field Court Chambers

Rebecca is regularly instructed by local authorities and persons lacking capacity (including through the Official Solicitor). Her cases often raise complex issues – including dealing with extreme hoarding cases, cases involving medical treatment, and cases involving contact with others including sexual contact.She is often instructed to deal with matters related to an individual’s deprivation of liberty, including challenges under section 21A of the Mental Capacity Act 2005. Rebecca also has a busy Inquest and Inquiries practice, including large long-term projects such as the Covid Inquiry, in respect of which Rebecca has been instructed since 2022.Rebecca has experience being instructed by central and local government in matters which cover varied and often high profile subject matter, regularly attracting media attention. In her Inquest work, Rebecca regularly takes instructions in respect of Inquests where the subject matter overlaps with other areas of her practice (e.g. the deaths of those with...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...