Tag Archive for 'Children Act'

Only Connect

By NL on 08/05/2011. 14 Comments

TG, R (on the application of) v London Borough of Lambeth (Shelter Intervening) [2011] EWCA Civ 526

The disconnection between Local Authority Social Services and housing departments has been a frequent topic here and in the courts, not least in the House of Lords decisions in R (G) v Southwark LBC [2009] UKHL 26 and R (M) v Hammersmith and Fulham LBC [2008] UKHL 14. There has also been plenty of Government guidance on the issue, both statutory and non-statutory: the 1999 “Working Together to Safeguard Children”; the 2000 “Framework for the Assessment of Children in Need and their Families”; the Homeless Code of Guidance in various versions; the 2008 … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , .

N.I.M.A.C.

By chief on 11/02/2011. 1 Comment

R (FZ) v LB Croydon [2011] EWCA Civ 59

-or-

Not In My Admin Court

We have written before about age assessments for those who might be under 18 – see most recently our post on R (CJ) v Cardiff CC and, prior to that, our post on the Supreme Court decision in R (A) v Croydon (which remains our only post to take its title from a Rolf Harris chart topper).

The long and short of Croydon is that an assessment that a young person is over 18 may be challenged by JR in the Admin Court.

In FZ the applicant sought to do exactly that, but was refused … Read the full post

Posted in FLW case note and Housing law - All. Tags: , , .

Fake ID and ‘Just for Men’: High Ct Judges play ‘guess my age’

By J on 21/01/2011. 3 Comments

I suspect that – at some stage – many readers of this blog will have pretended to be older than they actually are, usually to obtain alcohol or to get into night-clubs for the purposes of obtaining more alcohol/meeting the opposite (or same) sex with the hope (often unfulfilled) of nookie. Oh the joys of youth. At a certain point though, we tend to start going the other way and suggesting that we are in fact younger than we actually are. With the ever increasing amounts of gray appearing in my hair, this is a feeling with which I can sympathise.

But, on a more serious note, ascertaining the age … Read the full post

Posted in FLW case note and Housing law - All. Tags: , .

Accommodating ‘formerly relevant children’

By NL on 24/10/2010. 0 Comments

SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101

I’m a bit slow in getting to this one (and the rest of our backlog). We’re all more than a little busy. My apologies.

This is the Court of Appeal hearing of a case that first surfaced as a more than surprising result in a Judicial Review decision – [2010] EWHC 634 (Admin) [which we unaccountably missed at the time] – in which the court found that a Local Authority could derive no power to provide accommodation for a ‘formerly relevant child’ under s.23C(4)(c) Children Act 1989, although the primary issue at JR … Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , , , .

Accommodating an abducted child

By NL on 01/06/2010. 0 Comments

EA v GA & Westminster City Council & Salford City Council [2010] EWCA Civ 586 [Not on Bailii, transcript on Lawtel]

This is a little outside our usual grounds, but as it concerns the Court’s power to direct Local Authorities to accommodate a child and parent, and has interplay with S.20 Children Act 1989, it is worth a note.

The issue in this appeal was the extent of the Court’s powers to order a Local Authority to provide accommodation under Section 5 Child Abduction and Custody Act 1985.

EA, the mother, had removed J and K, the children and fled from Ireland to, first, Salford. She was Nigerian and on … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , , , .

M not G

By NL on 06/05/2010. 3 Comments

TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin)

Or when is a child in need not a child in need?

This was the judicial review of Lambeth’s decision not to support TG as a ‘former relevant child’, he being over 18. The question was, quite simply, had TG been a ‘looked after child’ at any point before he was 18, in particular what functions Lambeth was exercising when it provided TG with accommodation.

TG was living with his mother until March 2006. In 2004 he had come into contact with Lambeth’s Youth Offending team, there followed a sentence of a supervision order in … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , , .

Not their decision to make

By NL on 03/05/2010. 0 Comments

Birmingham City Council v Clue [2010] EWCA Civ 460

Ms Clue was a Jamaican national. She and her oldest daughter were given leave to come to the UK in 2000 as visitors. After 6 months, she applied for leave as a student, which was refused after appeal in 2003. No steps were taken to remove Ms Clue or her daughter. Ms Clue had 3 children while in the UK, whose father was a UK citizen and who where therefore UK citizens. The children’s father supported Ms Clue until 2007. In October 2007, Ms Clue applied for indefinite leave to remain on the basis that the oldest child had been living … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , , , .
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