House of Lords newsflash

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 […]

Age Assessment and Medical Reports

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 […]

Southwark and the Lords

Southwark LBC  are involved in two cases are being heard in the House of Lords next week. Hanoman v Southwark is a Right to Buy dispute and R (G) v Southwark is about whether there is a lawful distinction between a child who is “in need of accommodation”  or merely “in need of assistance with […]

How not to carry out a child in need assessment

R (MM) v LB of Lewisham [2009] EWHC 416 (Admin) Slapped wrists all round for Lewisham’s Children’s Social Care Services in another Children Act 1989 “child in need” case, but in this case the issue was not whether the claimant was a child, but whether she was “in need”. In July 2007 the claimant, then […]

Something for the weekend

The House of Lords will be giving judgment in Glasgow CC v Mitchell on Wednesday 18 Feb 09 (link is to a .pdf). This is a case that we’ve missed so far but, in essence, is about the scope of the duty of care (if any) owed by a landlord to their tenants in respect […]

Mersey Paradise?

The Court of Appeal has – today – given judgment in R (Liverpool CC) v London Borough of Hillingdon and Ayan Khan (interested party) [2009] EWCA Civ 1702, a case concerning two local authorities who were in dispute over which one of them should be providing services to Ayan Khan (“AK”). It is probably more […]

How to get round the s.17/s.20 debate.

The housing/social services relationship is one of the “hot topics” in housing law at the moment and, before we come to R (on the application of A) v Coventry City Council [2009] EWHC 34 (Admin), a bit of background is needed. A bit of background There are two principle sections in the Children Act 1989 […]

Homelessness – when unitary authorities aren't.

R (Hassan) v Croydon LBC (Admin Court 13 January 2009. Only reported  so far in Arden Chambers eflash 336) was a judicial review on the discretion to secure accommodation pending s.202 review under s.188(3) HA 1996 and whether a potential duty under s.20 Children Act 1989 by the authority should be considered. The applicant, together […]

Man or boy?

“That is the question, easy to ask but not so easy to answer” – as it takes the Court of Appeal 40 pages (right before Christmas, thank you very much, hence this rather late note) to answer that question in R (A) v LB Croydon; R (M) v LB Lambeth [2008] EWCA Civ 1445 I’d have to agree. […]

Payments to return and Art 8.

AC, R (on the application of) v Birmingham City Council [2008] EWHC 3036 (Admin) was a judicial review which concerned funding for an illegal overstayer and her family under s.17 Children Act 1989, although it would also apply for s.20 funding. The Claimant had come to the UK in 2000 with her oldest child. She […]