Tag Archive for 'Children Act'

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Each had a wooden horse

By chief on 29/11/2009. 1 Comment

R (A) v Croydon & R (M) v Lambeth UKSC [2009] 8

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

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

Child in Need, Indeed

By chief on 26/11/2009. 2 Comments

The Supreme Court has handed down judgment in the case of R (A) v Croydon and R (M) v Lambeth [2009] 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:

  1. 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”;
  2. Ordinary domestic judicial review can be adapted

    3. … Read the full post

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

Long on principle, short on detail

By NL on 21/10/2009. 0 Comments

S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin)

Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs.

This was a permission hearing on an application for judicial review of Plymouth Council’s handling of a child in need under s.17 Children Act 1989, specifically how accommodation needs were dealt with.

S was an 11 year old child who was autistic and had behavioural difficulties. He lived with his mother and brother. it was not in issue that he was a child in need for the purposes of the Act. The family … Read the full post

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

A disgraceful situation and an excellent answer

By J on 10/10/2009. 1 Comment

R (A) v Leicester City Council and the London Borough of Hillingdon [2009] EWHC 2351 (Admin) (only on Lawtel) is an attempt to answer the “interesting question” posed by the Court of Appeal in R (Liverpool CC) v LB Hillingdon and AK (interested party) [2009] EWCA Civ 1702 (noted by us here), namely, whether more than one local social services authority can owe a duty under s.20, Children Act 1989, to the same child at the same time.

Ms A is an orphan from Somalia who arrived in the UK when she was 16 1/2 years old. She claimed asylum upon her arrival in the UK, but this was … Read the full post

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

Child 'requires accommodation'

By NL on 21/05/2009. 5 Comments

R (G) v Southwark [2009] UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing Department by way of application under Part VII Housing Act 1996. The earlier post gives the factual background, but briefly G was 17 when he approached Southwark Social Services, after being thrown out of his family home and sofa surfing with friends. Southwark assessed him as having primary needs in housing and education, and suggested referrals to the HPU and to other agencies, including social … Read the full post

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

House of Lords newsflash

By chief on 20/05/2009. 12 Comments

The House of Lords has today given its judgment in the case of R (G) v Southwark [2009] UKHL 26.  We reported the Court of Appeal decision here.  A fuller report will follow on Nearly Legal in due course, but as we may not finish it today the headlines are:

  • The House of Lords unanimously allowed G’s appeal, Baroness Hale giving the leading speech;
  • He therefore was entitled to accommodation under s. 20 of the Children Act, not simply s.17 help with accomodation;
  • Rix LJ’s dissenting view in the Court of Appeal (which was preferred in our report of that decision) was therefore the better one.

    • … Read the full post

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

Age Assessment and Medical Reports

By NL on 11/05/2009. 0 Comments

Apologies for not getting this one out on Friday or over the weekend. It was on my list, but, frankly, the details of this were off my usual turf and it took an hour or several to digest and fit in place. So, only a day or so late…

A v London Borough of Croydon [2009] EWHC 939 (Admin) is a significant case in a long and convoluted saga. The issue is age assessment of unaccompanied asylum seekers who are or claim to be children (USAC), thereby falling under s.20 Children Act so that the Local Authority has the full duty to them.

The specific issue is the status of … Read the full post

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