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Children’s Services

Some of the primary legislation

Children and Families Act 2014
Health and Social Care Act 2012
Health and Social Care Act 2008
National Health Service Act 2006
Health and Social Care (Community Health and Standards) Act 2003
Community Care (Delayed Discharges etc.) Act 2003
Adoption and Children Act 2002
Health and Social Care Act 2001

Carers and Disabled Children Act 2000
National Health Service & Community Care Act 1990
Children Act 1989
National Health Service Act 1977

Some of our recent notable cases

KS (by her litigation friend DCGM) and The City of Bradford Metropolitan District Council (2014)
This case concerned an application for a judicial review of the local authority’s decision not to treat the child claimant as a looked after child as defined by the Children Act 1989 s.20 and s.22.
[2014] EWHC 11 (Admin) 10/1/2014
Shu Shin Luh

R (on the application of J (By his father & litigation friend) W) v Worcestershire County Council & EQHR Commission (2013)
A local authority’s powers under the Children Act 1989 s.17(1) included a duty to provide a range and level of services appropriate to a child in need, pursuant to assessments carried out when the child was physically outside the local authority’s area (but still within England and Wales).
[2013] EWHC 3845 (Admin) 6/12/2013
Jan Luba QC

R (on the application of Elisa Nfuni) v Solihull Metropolitan Borough Council (2013) (no link available)
Case concerned the duty of a local authority to provide assistance to a failed asylum seeker where the applicant’s failure to secure a university place effectively ended the pathway plan which had provided for a programme of education.
[2013] EWHC 3155 (Admin) 17/10/2013
Shu Shin Luh

R (on the application of A) v London Borough of Barking (2013) (no link available)
An unaccompanied child asylum seeker shortly to turn 18, sought accommodation and support. Judgement ruled that she should be provided with accommodation and support by the local authority. As a former relevant child, she was entitled to local authority assistance under s.23C(4) of the Children Act 1989.
[2013] EWHC 1800 (Admin) 6/6/2013
Shu Shin Luh

R (Sabiri) v Croydon London Borough Council (2012)
Case concerned education related accommodation costs and whether these were covered by Children Act 1989 s.23C(4)(b).
[2012] EWHC 1236 (Admin) 23/4/2012
Stephen Knafler QC & Irena Sabic

R (RO) v East Riding of Yorkshire Council (2011)
Court of Appeal judgment on inter-play between s20 Children Act 1989 and Part IV of the Education Act 1996.
[2011] EWCA Civ 196 2/3/2011. Reported at [2011] 3 All ER 137 and (2011) 14 CCLR 256
Shu Shin Luh

R (on the app of B) v Lewisham London Borough Council (2008)
The system of paying special guardians using adoption allowances rather than fostering allowances was unlawful.
[2008] EWHC 738 (Admin) 17/4/2008. Reported at [2009] 1 FCR 266.
Stephen Knafler

R (on the app. of M) v London Borough of Hammersmith and Fulham (2008)
Important case clarifying local authority responsibilites towards homeless teenagers.
[2008] UKHL 14 28/2/2008. Reported at Times, March 3, 2008
Jan Luba QC

R (Hematzadeh) & others v Wandsworth, Lambeth and Islington London Borough Council (2007)
Homeless children in need must be accommodated under Children Act 1989, s 20 and not s 17.
[2007] EWHC 1082 Admin 23/4/2007. Reported at (2007) 10 CCLR 439.
Stephen Knafler

R (PB) v Haringey LBC/SSHD (2006)
Local authority required to accommodate destitute mother engaged in child care proceedings, pending determination of her Article 8 (ECHR) claim for leave to remain
[2006] EWHC 2255 (Admin) 18/9/06. Reported at (2007) HLR 13.
Stephen Knafler

Re X; Barnet LBC v. Y and X (2006) (no link available)
Care plans and the refusal of a local authority to fund placement. Court clash
CC Barnet 18/4/06. Reported at (2006) 2 FLR 998
Jo Delahunty QC

R on the application of T) v Calderdale Metropolitan Borough Council (2004)
Community care provision for a disabled young person – ‘choice’ of provision
[2004] EWHC 1998 (Admin) 12/8/04. Reported at (2005) ACD 2.
Jan Luba QC

R (G) v Barnet LBC (2003)
Scope of duty to provide accommodation under s.17 Children Act 1989
[2003] UKHL 57 23/10/03. Reported at [2004] 2 AC 208
Stephen Knafler

R (on the app of W) v Lambeth London Borough Council (2003)
Responsibility of local authority for the accommodation of children in need.
[2003] UKHL 57 23/10/03. Reported at (2004) AC 208
Stephen Knafler

R (Stewart) v Wandsworth LBC and others (2001) (no link available)
Which of 3 local authorites was responsible under Children Act 1989.
[2001] EWHC Admin 709 17/9/2001. Reported at (2001) 4 CCLR 466.
Stephen Knafler

Useful links

Seeking Support: Guide to the rights of separated refugee and migrant children (Coram Children’s Legal Centre)
Children & Young People Now
Garden Court Social Welfare Law Resources
Migrant Children’s Project Newsletter (Children’s Legal Centre)
CAB Guide to Children and Local Authority Care
Children’s Rights Alliance for England
Social Care in the UK
Department of Health Social Care Policy
Social Care Institute for Excellence
Care Quality Commission
Care and Health Law in the UK
Voice – support organization for young people in public care
Family Rights Group