Children

Friday 24 September 2010

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Nzolameso v Westminster City Council [2015] UKSC 22 (Lady Hale, Lords Clarke, Reed, Hughes and Toulson): The issue in the appeal was whether it is lawful for a housing authority to accomodate a homeless person a long way from the authority's area where the homeless person was previously living. The Supreme Court held that the decision of Westminster to discharge its homelessness duties to a homeless single mother and her five children far away from the local authority area was unlawful and quashed the decision. In so doing, the Supreme Court held inter alia that the housing decision was subject to considerations under section 11, Children Act 2004 of the children's welfare. Click here for judgment.

Shu Shin Luh represented the Intervener, Shelter Children's Legal Service.

R (AM) v LB of Tower Hamlets and Havering [2015] EWHC 1004 (Admin) (Cobb J): In an interauthority dispute over which local authority was responsible for sectino 17 support for a family with a child in need under the Children Act 1989, the Court ruled that the local authority responsible for assessing the needs of children should be the borough in which the family were actually living (in this case Havering), and the local authority responsible for providing housing whilst an assessment of the children’s needs takes place, should be the authority that had placed them there (in this case Tower Hamlets). Court called for statutory guidance to be made available to local authorities to clarify which authorities are responsible for assessing the needs of children and the provision of housing in circumstances similar to this family. Click here for judgment.

Jan Luba Q.C. and Tim Baldwin were for AM and Stephen Knafler Q.C. was for LB of Havering.

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