AM, R (on the application of) v The London Borough of Havering & Ors [2015] EWHC 1004 (Admin) (17 April 2015)

AM, R (on the application of) v The London Borough of Havering & Ors [2015] EWHC 1004 (Admin) (17 April 2015)

The duty to assess children in need under section 17 Children Act 1989 falls on the authority where the children are physically present, regardless of ordinary residence or prior involvement. Both LB Havering and LBTH owed duties: LB Havering as the receiving authority where the family was present, and LBTH as the authority that commenced an assessment. Both authorities failed in their statutory duties by not assessing or accommodating the family in a timely and coordinated manner.

Citation
[2015] EWHC 1004 (Admin)
Parties
Claimant: AM; First Defendant: The London Borough of Havering; Second Defendant: The London Borough of Tower Hamlets
Jurisdiction
England and Wales
Judgment Date
17 April 2015
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Homelessness, Children in Need, Local Authority Duties, Inter Authority Cooperation, Judicial Review
Administrative Law Housing Law Children Law Local Government Law Homelessness Children in Need Local Authority Duties Inter Authority Cooperation +1 more

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Parties

AM

Claimant

The London Borough of Havering

First Defendant

The London Borough of Tower Hamlets

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Which local authority is responsible for assessing and accommodating homeless children in need when a family is placed out of borough?
  2. 2 What are the duties of originating and receiving authorities under the Children Act 1989 and Housing Act 1996?
  3. 3 What is the effect of referrals and the commencement of assessments under section 213A Housing Act 1996?

Ratio Decidendi

The duty to assess children in need under section 17 Children Act 1989 falls on the authority where the children are physically present, regardless of ordinary residence or prior involvement. Both LB Havering and LBTH owed duties: LB Havering as the receiving authority where the family was present, and LBTH as the authority that commenced an assessment. Both authorities failed in their statutory duties by not assessing or accommodating the family in a timely and coordinated manner.

Court Disposition

Claim allowed

Orders

  • LB Havering to provide suitable accommodation for the claimant and his family until lawful assessment and determination of need is completed.
  • Declaration that both LB Havering and LBTH failed in their statutory duties under the Children Act 1989 and Housing Act 1996.