R (R) v Croydon LBC – A call for information

In R. (R) v Croydon LBC, February 10, 2012, Administrative Court [not on bailii – taken from a lawtel note] the Administrative Court was asked to determine whether the applicant was a former relevant child for the purposes of s.23C Children Act 1989. The applicant was an Afghan national. Upon arriving in the UK he […]

When Age is Not Just a Number Part II

Hot on the heels of the KN v Barnet report is the Court of Appeal judgement in R (CJ) v Cardiff CC [2011] EWCA Civ 1590 (judgement handed down on 20/12/2011). The High Court proceedings were reported here. The important aspect of this appeal is the way the Court deals with the difficult issue of […]

When Age is Not Just a Number

Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet [2011] EWHC 2019 (Admin) was heard as long ago as July 2011 but it is worth underlining here as an example […]

Mental Capacity Act and Tenancy: An open question

I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law mavens who read NL from time to time. The […]

‘Not otherwise available’

SL v Westminster City Council & Ors [2011] EWCA Civ 954 This is a significant judgment by the Court of Appeal on the ambit of s.21(1)(a) National Assistance Act 1948. It addresses the interrelation of ‘care and attention’ and the provision of accommodation. While the decision does not follow the Local Authorities’ demand that ‘care […]

Someone to watch over me

R (Nassery) v London Borough of Brent [2011] EWCA Civ 539 This was the appeal of a judicial review of Brent’s decision on provision of care and accommodation under section 21 National Assistance Act 1948. Mr N was an Iranian asylum seeker (granted indefinite leave to remain during the course of the case). He suffered […]

Only Connect

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 […]

My place, not yours

R (MK & Anor) v Secretary of State for the Home Department (2011) CA (Civ Div) 14/4/2011 [Not on bailii, only a case note on lawtel]. Sorry to be late getting to this one, I was hoping that a full transcript would become available. It hasn’t so I’m relying on a Lawtel note of the […]

A (further) symbolic consultation

Readers of my previous notes of the “consultation” exercises undertaken by the coalition government will readily appreciate that I am not the best person to write about a further symbolic consultation, being lead by DCLG, on what it terms “burdens” (indeed, such is the normalised use of this expression that the email address to respond […]

Care and attention v keeping a watch over

SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin) A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as amended), with the complication that NASS had accepted a duty to accommodate in […]