In Mohamoud v Kensington RLBC, Saleem v Wandsworth LBC [2015] EWCA Civ 789, [2015] HLR 38, the Court of Appeal held that local authorities were not required by section 11 of the Children Act 2004 to engage in an assessment of children to find out whether there were facts of which they were unaware, that made it inappropriate to evict the children from their homes, in the light of their best interests.
The Legal Aid Agency has extended public funding for an appeal. Ms Mohamoud’s case has become academic but Ms Saleem has lodged an application to the Supreme Court for permission to appeal, on the ground that section 11 of the Children Act 2004 does require local authorities to have regard to the welfare of children before evicting them.
Stephen Knafler QC, instructed by William Flack of TV Edwards, is leading counsel for Ms Saleem. He leads Toby Vanhegan of Arden Chambers.
