GE, R (on the application of) v Secretary of State for the Home Department & Anor

GE, R (on the application of) v Secretary of State for the Home Department & Anor

The claimant is not a 'former relevant child' under the Children Act 1989 because she did not in fact receive accommodation or services from the Council as a minor, and accommodation provided by UKBA cannot be deemed to be accommodation under s.20. The statutory scheme does not extend duties to those who merely ought to have received such services.

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 / Judgment After Substantive Hearing
Outcome
Claim against the Council dismissed
Legal Topics
Children Act 1989, Age Assessment, Duties to Former Relevant Children, Judicial Review of Local Authority Decisions, Asylum Support
Administrative Law Child Law Immigration Law Children Act 1989 Age Assessment Duties to Former Relevant Children Judicial Review of Local Authority Decisions Asylum Support

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 / 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 (asylum support) can be deemed accommodation under s.20 of the Children Act 1989 for the purposes of qualifying as a 'former relevant child'
  3. 3 Whether the Council owes any continuing duties to the claimant as an adult

Ratio Decidendi

The claimant is not a 'former relevant child' under the Children Act 1989 because she did not in fact receive accommodation or services from the Council as a minor, and accommodation provided by UKBA cannot be deemed to be accommodation under s.20. The statutory scheme does not extend duties to those who merely ought to have received such services.

Court Disposition

Claim against the Council dismissed

Orders

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