Local Authorities' General Power Of Competence Can Turn Into A Duty

Local authorities are creatures of statute and therefore may only carry out those functions that they are statutorily empowered to carry out.

With regard to the provision of adult social care, the functions of local authorities can be classified into duties, under which the local authority is obliged to provide the relevant service, and powers under which the local authority is permitted to provide the relevant service but does not have an obligation to do so.

In its recent judgment in R (on the application of GS) v London Borough of Camden, the High Court considered the scope of local authorities' general power of competence. This is the discretionary power under section 1 of the Localism Act 2011 which provides that, subject to certain limitations, a local authority is able to do anything that an individual generally may do.