R (Kiana) v Secretary of State for the Home Department (2010) QBD(Admin) 20/04/2010. [ Note of extempore judgment on Lawtel] [Read the full post
This was an appeal heard by the House of Lords over the course of four days in July, but with judgment delivered by the new Supreme Court. We reported the Court of Appeal’s judgment here. At issue was to what extent the courts could review the decision of a local authority that an individual is over the age of 18. On one view this case turns on a narrow point about construction of the Children Act 1989 and does not really need a lengthy examination on a housing law blog. I’m going to suggest that there is … Read the full post
The Supreme Court has handed down judgment in the case of R (A) v Croydon and R (M) v Lambeth  UKSC 8. This is an important decision about the duty of LAs under s.20(1) of the Children Act 1989 to “provide accommodation for any child in need within their area”. We will look at this judgment in more detail soon [edit: see here], but for now what you need to know is:
- The courts can review whether a person is a “child” for the purposes of the Children Act 1989, this is a separate question to whether they are “in need”;
- Ordinary domestic judicial review can be adapted
“That is the question, easy to ask but not so easy to answer” – as it takes the Court of Appeal 40 pages (right before Christmas, thank you very much, hence this rather late note) to answer that question in R (A) v LB Croydon; R (M) v LB Lambeth  EWCA Civ 1445 I’d have to agree.
M and A arrived in the UK from Libya and Afghanistan respectively. Both applied for aslyum – M to Lambeth and A to Croydon. Both applicants said that they were under 18, but social workers decided that they were over 18. The decision on age is an important one – if an individual … Read the full post