GE, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2186 (Admin) (26 July 2013)

GE, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2186 (Admin) (26 July 2013)

A claimant who did not in fact receive accommodation or services from the local authority as a child, but only from UKBA, cannot qualify as a 'former relevant child' under ss.23C and following of the Children Act 1989. The statutory scheme is based on actual receipt of services, not on what ought to have been provided.

Citation
[2013] EWHC 2186 (Admin)
Parties
Claimant: GE; First Defendant: Secretary of State for the Home Department; Second Defendant: Bedford Borough Council
Jurisdiction
England and Wales
Judgment Date
26 July 2013
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim against the Council dismissed
Legal Topics
Age Assessment, Asylum Support, Local Authority Duties, Children Act 1989, Former Relevant Child Status
Administrative Law Immigration Law Child Law Age Assessment Asylum Support Local Authority Duties Children Act 1989 Former Relevant Child Status

Case Brief

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Parties

GE

Claimant

Secretary of State for the Home Department

First Defendant

Bedford Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the claimant qualifies as a 'former relevant child' under ss.23C and following of the Children Act 1989
  2. 2 Whether accommodation provided by UKBA (not the local authority) can be deemed accommodation under s.20 of the Children Act 1989 for the purposes of qualifying as a 'former relevant child'

Ratio Decidendi

A claimant who did not in fact receive accommodation or services from the local authority as a child, but only from UKBA, cannot qualify as a 'former relevant child' under ss.23C and following of the Children Act 1989. The statutory scheme is based on actual receipt of services, not on what ought to have been provided.

Court Disposition

Claim against the Council dismissed

Orders

  • Stay on proceedings against the Secretary of State lifted
  • Claim against Bedford Borough Council dismissed