Public sector child protection functions

W, R (On the Application Of) v London Borough Of Lambeth [2023] EWHC 702 (Admin) (15 March 2023) 

Leave a Comment / Children Act 1989 services, Consent to treatment, being accommodated, and admission to hospital for children under 18, Housing Rights for children under 18 through Housing Legislation, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Judicial Review, Public sector child protection functions, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Safeguarding of children by local authorities, Section 20 accommodation arrangements under the Children Act, The primacy of s20 Children Act for children who cannot live at home with their parent(s) /

https://www.bailii.org/ew/cases/EWHC/Admin/2023/702.html This case concerned an application for permission to bring judicial review proceedings on behalf of W, the claimant, against the London Borough of Lambeth, the defendant. W became homeless around the time of her 17th birthday when her relationship with her mother, which had been fractious throughout her life, completely broke down.  The crux […]

W, R (On the Application Of) v London Borough Of Lambeth [2023] EWHC 702 (Admin) (15 March 2023)  Read More »

ZB & Anor, R (On the Application Of) v NHS South West London ICB [2023] EWHC 489 (Admin)

Leave a Comment / Article 2 the right to life, Article 8 the right to respect for home, family, private life and correspondence, Children Act 1989 services, Consent to treatment, being accommodated, and admission to hospital for children under 18, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Human Rights relevant to Care Planning, Public sector child protection functions, Safeguarding of children by local authorities, Section 20 accommodation arrangements under the Children Act /

The Administrative Court rules that Croydon LBC breached the rights to education of two children who had significant and profound disabilities, making an award of £10,000 to each child by way of just satisfaction (human rights damages) Decision: 7 March 2023 Before Jason Coppel KC (the Deputy Judge hearing this case in the Administrative Court)

ZB & Anor, R (On the Application Of) v NHS South West London ICB [2023] EWHC 489 (Admin) Read More »

Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam)

Leave a Comment / Children Act 1989 services, Children and Families Act 2014 services, Consent to treatment, being accommodated, and admission to hospital for children under 18, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Safeguarding of children by local authorities, Section 20 accommodation arrangements under the Children Act /

https://www.bailii.org/ew/cases/EWHC/Fam/2023/133.html Facts  P, a sixteen-year-old girl who had been diagnosed with ADHD and had a history of continually attempting to take her own life, was the subject of these proceedings. By the time of the judgment, she was under a full care order under the Children Act but care proceedings were not taken until 2021. 

Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam) Read More »

H, Re (Parents With Learning Difficulties: Risk of Harm) [2023] EWCA Civ 59

Leave a Comment / Children Act 1989 services, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Safeguarding of children by local authorities /

https://www.bailii.org/ew/cases/EWCA/Civ/2023/59.html Facts This case concerned an appeal against a care and placement order made with respect to a child, referred to in the judgment as “H”, who was then aged 22 months. H’s parents both suffered from cognitive difficulties. Additionally, her four siblings, referred to as “D” (then aged 23), “E” (19), “F” (16), and

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Dorset Council v A (Residential Placement: Lack of Resources) [2019] EWFC 62 (10 October 2019)

Children Act 1989 services, Children and Families Act 2014 services, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Regulation of settings intended for care and support of children, Safeguarding of children by local authorities /

In this case, his honour Judge Dancey expressed his concern about the increasing number of children and young people in need of help and support in Dorset, England. A care order was made on August 12th 2019 and a final deprivation of liberty (DOL) order on September 30th 2019 within the care proceedings (through use

Dorset Council v A (Residential Placement: Lack of Resources) [2019] EWFC 62 (10 October 2019) Read More »

R X (A Child) (No. 4)  (2017)

Care Planning, Budgets and Choice Rights, Children Act 1989 services, Duties and Discretions, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Safeguarding of children by local authorities, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The irrelevance of a council's financial resources for whether a need is met; relevant only for HOW, The range of services, items, facilities and responses able to be provided under the Care Act, Universal duties to meet eligible unmet needs adequately and appropriately /

Keywords: Mental Health, NHS resources In this case, Sir James Munby, President of the Family Division, expressed his concern about the lack of appropriate mental health beds for children and young people in England and Wales. The case concerned a 17-year-old girl in desperate and urgent need of a suitable placement to prevent a serious

R X (A Child) (No. 4)  (2017) Read More »

A Local Authority v M & T (2018)

Children Act 1989 services, Children and Families Act 2014 services, Consent to treatment, being accommodated, and admission to hospital for children under 18, Deprivation of Liberty for children under 16 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Safeguarding of children by local authorities /

Keywords: Children; Care proceedings; Parental Control; Deprivation of Liberty and parental consent; Consent to medication This case concerned T, a child aged 13 years with Autism and Severe Learning Disability. T had, until recently, lived with his mother (M) (with some support and respite care provided by the local authority) and attended a special school.

A Local Authority v M & T (2018) Read More »

Z and Others v the United Kingdom

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 6 the right to a fair determination of one’s civil rights, Children Act 1989 services, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Human Rights in health and Social Care, Public sector child protection functions, Safeguarding of children by local authorities /

Negligence – duty of care – statutory tort – immunity from suit – striking out – European Convention on Human Rights – article 3 – article 6 – article 13 The local authority’s failure to protect children from neglect and abuse amounted to inhuman and degrading treatment in violation of article 3 of the European

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The Queen on the application of M v Suffolk County Council [2006] EWHC 2366 (Admin)

Leave a Comment / Care Planning, Budgets and Choice Rights, Children Act 1989 services, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public law principles relevant to non-commissioned services, Public sector child protection functions, Safeguarding of children by local authorities, Section 17 services for children in need, Termination of a Direct Payment or PHB /

This was a challenge by the claimant (M) to the decision made by Suffolk County Council that it was precluded from making direct payments to M by regulation 7 of the Community Care Services for Carers and Children’s Services (Direct Payments) England Regulations 2003 (the Regulations).  This provision states that direct payments “shall not be

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T(A Minor) (through his litigation friend CD) v A Local Authority [2003] EWHC 2515 (Admin) QBD

Leave a Comment / Children Act 1989 services, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Safeguarding of children by local authorities, Section 17 services for children in need /

When a local authority make a decision under s17(1) and (2) and s22 Children Act 1989 it must have adequate information on which to base its decision and its approach to the provision of services must be a holistic one.   The Claimant was a 14 year old boy, identified as a ‘child in need’

T(A Minor) (through his litigation friend CD) v A Local Authority [2003] EWHC 2515 (Admin) QBD Read More »