A v Leicester City Council & London Borough of Hillingdon

A v Leicester City Council & London Borough of Hillingdon

Both Hillingdon and Leicester owed concurrent duties to the claimant under section 20 of the Children Act 1989. Hillingdon unlawfully failed to conduct a proper assessment and care plan, and could not lawfully end its duty based solely on the claimant's move or wishes without such assessment. Leicester also failed to discharge its duty by refusing support and attempting to pass responsibility. The authorities' dispute did not justify withholding services from the claimant.

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 / Judgment After Substantive Hearing
Outcome
Declarations granted; further consideration of cost contribution deferred.
Legal Topics
Children Act 1989, Duties to Looked After Children, Local Authority Responsibilities, Judicial Review of Local Authority Decisions, Unaccompanied Asylum Seeking Children
Administrative Law Child Law Local Government Law Children Act 1989 Duties to Looked After Children Local Authority Responsibilities Judicial Review of Local Authority Decisions Unaccompanied Asylum Seeking Children

Case Brief

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Parties

A

Claimant

Leicester City Council

First Defendant

London Borough of Hillingdon

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Hillingdon lawfully discharged its duties under the Children Act 1989 to the claimant as a looked after child
  2. 2 Whether Leicester owed a concurrent duty under section 20 of the Children Act 1989
  3. 3 Whether the claimant's move to Leicester ended Hillingdon's statutory duties

Ratio Decidendi

Both Hillingdon and Leicester owed concurrent duties to the claimant under section 20 of the Children Act 1989. Hillingdon unlawfully failed to conduct a proper assessment and care plan, and could not lawfully end its duty based solely on the claimant's move or wishes without such assessment. Leicester also failed to discharge its duty by refusing support and attempting to pass responsibility. The authorities' dispute did not justify withholding services from the claimant.

Court Disposition

Declarations granted; further consideration of cost contribution deferred.

Orders

  • Declaration that Hillingdon acted unlawfully in specified respects.
  • Declaration that Hillingdon's practice as identified was unlawful.