2014 11 Children

Monday 1 December 2014

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R (GE) (Eritrea) v Secretary of State for the Home Department and Bedford Borough Council [2014] EWCA Civ 1490 (Davis, Clarke and Rix LLJs): The Court of Appeal overturned a decision of the lower court (Mr. Ockelton) that where an age disputed child had never been in the care of the local authority, there was no purpose in detemrining her age because even if she succeeds in establishing an error of the local authority, no duties are owed under the Children Act 1989 to her. The Court of Appeal confirmed the discretion that a local authority has to remedy its past unlawful acts. Furthermore the age of an age-disputed child is relevant also to her immigration application. Click here for judgment.

R (J) v Worchestershire County Council, Equality and Human Rights Commission intervening [2014] EWCA Civ 1518 (Master of the Rolls, Floyd and King LLJs): The Court of Appeal upheld the High Court's decision to interpret section 17, Children Act 1989 purposively and concludes that a local authority has the power to provide services for a child in need for whom they have assessed regardless of the circumstances which led the child to no longer be physically present in that local authority's area. Click here for judgment. For the judgment of the lower court (Holman J), click here for judgment.

R (Mensah) v Salford City Council [2014] EWHC 3537 (Admin) (Lewis J): The court upholds a local authority's decision to use the support rate for failed asylum seeking families for determining its policy for supporting migrant families. Click here for judgment.

R (C, T, M and U) v Southwark LBC [2014] EWHC 3983 (Admin) (Bobbie Cheema Q.C.): The court refused a claim brought by an overstayer mother and four children challenging the local authority's assessment of their needs and a decision to support them with accommodation outside London and on a level of support pegged to the support rate for failed asylum seeking families. Click here for judgment.

R (C1 and C2) v LB of Hackney [2014] EWHC 3670 (Admin) (Turner J): The court considered that section 27 of the Children Act 1989 did not apply to a request made by a children's services department to a housing department in circumstances where they are part of a unitary authority. The claim related to the re-housing in suitable housing for a family with disabled children. Permission to appeal was refused with reasons given by the Judge at paragraph 55 of the judgment. Click here for judgment.

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