M, R (on the application of) v Gateshead Council

M, R (on the application of) v Gateshead Council

Section 21(2)(b) of the Children Act 1989 imposes an absolute duty on the local authority receiving a request under section 38(6) of PACE to provide accommodation, but not necessarily secure accommodation. The authority has discretion, subject to section 25, to provide secure accommodation if practicable, but is not under an absolute or best endeavours duty to provide it whenever requested. Gateshead Council's arrangements were reasonable and lawful in the circumstances; there was no breach of duty.

Parties
Appellant/claimant: The Queen on the Application of 'M'; Respondent/defendant: Gateshead Council
Jurisdiction
England and Wales
Judgment Date
14 March 2006
Procedural Posture
Judicial Review / Appeal From Refusal of Permission for Judicial Review; Substantive Hearing in Court of Appeal
Outcome
Application for judicial review dismissed
Legal Topics
Local Authority Duties, Secure Accommodation for Juveniles, Police and Criminal Evidence Act, Children Act, Judicial Review
Administrative Law Child Law Criminal Procedure Local Authority Duties Secure Accommodation for Juveniles Police and Criminal Evidence Act Children Act Judicial Review

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Parties

The Queen on the Application of 'M'

Appellant/claimant

Gateshead Council

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Refusal of Permission for Judicial Review; Substantive Hearing in Court of Appeal

Legal Issues

  1. 1 Which local authority is responsible under section 21(2)(b) of the Children Act 1989 for providing accommodation when requested under section 38(6) of PACE?
  2. 2 Does section 21(2)(b) impose a duty to provide secure accommodation when requested by police under section 38(6) of PACE?
  3. 3 Was Gateshead Council in breach of its duty in this case?

Ratio Decidendi

Section 21(2)(b) of the Children Act 1989 imposes an absolute duty on the local authority receiving a request under section 38(6) of PACE to provide accommodation, but not necessarily secure accommodation. The authority has discretion, subject to section 25, to provide secure accommodation if practicable, but is not under an absolute or best endeavours duty to provide it whenever requested. Gateshead Council's arrangements were reasonable and lawful in the circumstances; there was no breach of duty.

Court Disposition

Application for judicial review dismissed