Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540 This was an appeal from a judicial review of Ealing's decision in May 2022 to end funding for Mr Campbell's temporary bed and breakfast accommodation that had been provided by...
Housing and Children Act – homeless 17 year olds
A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and 'looked-after children'. BC, R (On the Application Of) v Surrey County Council (2023) EWHC 3209 (Admin) BC was a child who had been asked to leave the family home because...
Crossing the line – what happens when the Care Act meets housing duties
Campbell, R (On the Application Of) v London Borough of Ealing (2023) EWHC 10 (Admin) This judicial review concerns the relationship between the Care Act 2014 and housing legislation, in particular the effect of s.23 of the Care Act 2014, which prevents care...
Delays and duties and human rights
Idolo, R (on the application of) v London Borough of Bromley (2020) EWHC 860 (Admin) I'm a bit late to this one (ironically, as it turns out), it has been an open browser tab for ages, sorry. It is a judicial review on the overlap of Care Act 2014 duties and...
Children Act and Housing – (not) joining the dots.
J and L, R (on the application of) v London Borough of Hillingdon (2017) EWHC 3411 (Admin) This is a very interesting judicial review, concerning the interrelation of a council's housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children...
When does the refusal to provide accommodation to an applicant breach Article 3?
In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to...
Questions and Answers
O, R (on the application of) v London Borough of Lambeth [2016] EWHC 937 (Admin) A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate...
Former relevant children who aren’t former relevant children
This is a quick note on a quite important case concerning duties owed to young people who are over 18 and who should have been, but in fact were not, provided with accommodation under s.20, Children Act 1989 prior to their 18th birthday. You may recall in R...
Article 8 and night-time care
The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms...
Deciding without a decision
R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet] This judicial review is possibly one for the 'what were they thinking?' pile. The Claimants were the children of M. The family was street homeless and...
On families, powers and duties to accommodate
R (on the application of MK) v Barking and Dagenham London Borough Council [2013] EWHC 3486 (Admin) [Judgment on Lexis, not on Bailii yet] A judicial review raising the extent of a Council's duties and powers under s.17 Children Act 1989 and s.1 Localism Act...
The meaning of care and attention
SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of "care and attention" in the context of s.21, National Assitance Act 1948. We can only apologise for not writing it up sooner. All we can say is that the nearlylegal backlog of...