A v Leicester City Council & London Borough of Hillingdon [2009] EWHC 2351 (Admin) (30 July 2009)

A v Leicester City Council & London Borough of Hillingdon [2009] EWHC 2351 (Admin) (30 July 2009)

Hillingdon failed to discharge its statutory duty under section 20 Children Act 1989 by not conducting a proper assessment of the claimant's needs or providing a compliant care plan, and could not lawfully end its duty based solely on the claimant's expressed wishes without such assessment. Leicester's interim...

Source-derived case information.

Citation
[2009] EWHC 2351 (Admin)
Parties
Claimant: A; First Defendant: Leicester City Council; Second Defendant: London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
30 July 2009
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claim allowed against London Borough of Hillingdon; declaration of breach of statutory duty; mandatory order for proper assessment and care plan. Leicester City Council not found in breach but required to cooperate as necessary.
Legal Topics
Children Act 1989, Duties of Local Authorities, Looked After Children, Unaccompanied Asylum Seekers, Inter Authority Responsibility, Care Planning, Judicial Review Procedure
Public Law Child Law Administrative Law Children Act 1989 Duties of Local Authorities Looked After Children Unaccompanied Asylum Seekers Inter Authority Responsibility +2 more

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Parties

A

Claimant

Leicester City Council

First Defendant

London Borough of Hillingdon

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether Hillingdon properly discharged its duties under section 20 Children Act 1989 to the claimant
  2. 2 Whether Leicester owed any duty under section 20
  3. 3 Whether either authority failed to provide a proper assessment and care plan

Ratio Decidendi

Hillingdon failed to discharge its statutory duty under section 20 Children Act 1989 by not conducting a proper assessment of the claimant's needs or providing a compliant care plan, and could not lawfully end its duty based solely on the claimant's expressed wishes without such assessment. Leicester's interim support did not transfer legal responsibility. The duty to the claimant as a looked-after child remained with Hillingdon.

Court Disposition

Claim allowed against London Borough of Hillingdon; declaration of breach of statutory duty; mandatory order for proper assessment and care plan. Leicester City Council not found in breach but required to cooperate as necessary.

Orders

  • London Borough of Hillingdon to conduct a full assessment of the claimant's needs under the Children Act 1989 within statutory timescales.
  • London Borough of Hillingdon to prepare and implement a compliant care plan for the claimant.