The primacy of s20 Children Act for children who cannot live at home with their parent(s)

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 »

Walker v Lambeth LBC (judgment 8 March 2002) (CA)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Children Act 1989 services, Due process requirements for Lawful Assessment, 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, Legal rules as to what must be considered on Assessment, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The primacy of s20 Children Act for children who cannot live at home with their parent(s) /

A woman and her children were homeless, and the council found the woman to have intentionally made herself so. The council declined to provide alternative assistance under the Children Act, because of the effect of Lambeth LBC ex p A (finding that there is no power to provide housing to parents, under s17, on the

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R (on the application of M) v Hammersmith & Fulham London Borough Council [2006] EWCA Civ 917

Leave a Comment / Children Act 1989 services, 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, Leaving Care duties and rights for relevant children, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The primacy of s20 Children Act for children who cannot live at home with their parent(s) /

The claimant (M) applied for judicial review of a decision of the defendant local authority to provide her with temporary accommodation under the Housing Act 1996 and the Homelessness (Priority Need for Accommodation) (England) Order 2002, and sought a declaration that she was a “former relevant child” under the Children Act 1989 s.23C and the

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R (on the application of G) v Southwark London Borough Council (2009) UKHL 26

Leave a Comment / Children Act 1989 services, 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, Leaving Care duties and rights for relevant children, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The primacy of s20 Children Act for children who cannot live at home with their parent(s) /

This is an important ruling from the House of Lords setting out the relevant factors local authorities must consider when seeking to exercise their functions in relation to providing or assisting young people to find suitable accommodation. Changes to the Housing Act 1996 bought in by the Homelessness (Priority Need for Accommodation) (England) Order 2002

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R (D by his litigation friend SA) v Brent Council [2015]

Leave a Comment / Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, 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, The difference between a top up for one's preferred accommodation and additional payments for other kinds of care, The primacy of s20 Children Act for children who cannot live at home with their parent(s) /

R (D by his litigation friend SA) v Brent Council [2015] Keywords: Assessment, Time limits D was a 23-year-old with autistic spectrum disorder and severe communication difficulties who was described as vulnerable. He had attended a residential special school until July 2015. On 8th May 2015, Brent Council had assessed D as having a need

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London Borough of Southwark v D [2007] EWCA Civ 182

Leave a Comment / 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, The primacy of s20 Children Act for children who cannot live at home with their parent(s) /

This case involved an appeal by the London Borough of Southwark against a decision by the High Court that it had looked after a child (S) pursuant to its statutory powers and duties under Part III of the Children Act 1989 and that Southwark was accordingly obliged to pay for S’s accommodation and maintenance which

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