TO WHAT EXTENT DO INDIVIDUAL CIRCUMSTANCES ACCOUNT FOR AN APPARENT FAILURE OF A DUTY?
43. To what extent is the apparent failure of a duty a consequence of—
(a)the authority having paid regard to its other obligations, policies and objectives (see section 16(1) of the Act);
(b)the action or inaction of another authority (see section 16(1)(b) of the Act); or
(c)actions, or a lack of them, that could be considered reasonable when compared with a sample of—
(i)neighbouring authorities,
(ii)authorities of a similar type,
(iii)authorities with similar circumstances, or
(iv)all authorities?