Court of Appeal disapproves of ‘destitution’ as threshold for support for migrant children and families

Wednesday 13 July 2016

In a judgment handed down today, the Court of Appeal has disapproved of ‘destitution’ as the threshold for support for migrant children and families under Children Act 1989.

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This affirms the principle that the assessment of children’s needs, irrespective of nationality, must have due regard to the need to safeguard and promote the individual children’s welfare and have proper appreciation of the potential impact of any decision on the best interests of the individual children. The local authority is required to demonstrate that the impact on the individual child’s welfare is proportionate. The Court of Appeal’s approach applies the dicta of the Supreme Court’s decision of Nzolameso v Westminster in cases under the Children Act 1989. Shu Shin Luh acted for the intervener, Shelter Children’s Legal Services, in that case.

More information can be found in the judgment.

Shu Shin Luh of Garden Court Chambers’ public law and social welfare teams acted for the Intervener, Coram Children’s Legal Centre, instructed by Noel Arnold, Director of Legal Practice for the Intervener.

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