KR, R (on the application of) v Secretary of State for Work and Pensions & Anor

KR, R (on the application of) v Secretary of State for Work and Pensions & Anor

A journey to facilitate the handover of children between separated parents is not excluded from eligibility for a community care grant under Direction 23(1)(a)(iv) simply because it begins or ends at a school. The exclusion applies to ordinary school runs, not to handover journeys whose primary purpose is the change of residence between parents.

Parties
Claimant: KR; First Defendant: Secretary of State for Work and Pensions; Second Defendant: Social Fund Inspectors
Jurisdiction
England and Wales
Judgment Date
30 July 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed
Legal Topics
Community Care Grants, Social Fund Scheme, Statutory Interpretation, Travel Expenses, Education Law
Administrative Law Social Security Law Community Care Grants Social Fund Scheme Statutory Interpretation Travel Expenses Education Law

Case Brief

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Parties

KR

Claimant

Secretary of State for Work and Pensions

First Defendant

Social Fund Inspectors

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Direction 23(1)(a)(iv) of the Social Fund Directions excludes community care grants for handover journeys between separated parents when the journey begins or ends at a school
  2. 2 Whether the refusal to award a community care grant for such journeys was lawful

Ratio Decidendi

A journey to facilitate the handover of children between separated parents is not excluded from eligibility for a community care grant under Direction 23(1)(a)(iv) simply because it begins or ends at a school. The exclusion applies to ordinary school runs, not to handover journeys whose primary purpose is the change of residence between parents.

Court Disposition

Claim for judicial review allowed

Orders

  • The refusal to award a community care grant for handover journeys is quashed
  • The matter is remitted for reconsideration in accordance with the judgment