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 under s.17 Children Act 1989. The brief factual background, taken from […]

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 (M) v Hammersmith LBC [2008] UKHL 14, […]

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 McDonald, except for a period from November 2008 to November 2009, […]

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 destitute following eviction. It appears that Harrow had decided […]

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 2011 (the general power of competence) in providing housing for someone […]

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 cases is threatening to rival the UK Border […]

Outside the Boxall

This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson’s view on JR costs, the Court of Appeal in M v London Borough of Croydon […]

Care needs, eligibility and human rights

De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community Care Act […]

“About to be in need” and prospective care assessment

This is a quick note on the effect of  NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and Community Care Act 1990. NM was a prisoner with an […]