AM, R (on the application of) v The London Borough of Havering & Ors

AM, R (on the application of) v The London Borough of Havering & Ors

The primary responsibility for assessing AM's children as children in need fell on LB Havering due to their physical presence in that borough, and LB Havering's failure to assess was unlawful. LBTH retained the duty to provide interim accommodation under the Housing Act 1996 and breached statutory duties by failing to give timely notice and make lawful referrals to LB Havering. Both authorities failed to cooperate as required by statute and guidance.

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
Outcome
Declarations of unlawfulness against both defendants; quashing of LB Havering's refusal to assess; order for interim accommodation; costs issue reserved.
Legal Topics
Local Authority Duties, Homelessness, Children in Need, Inter Authority Cooperation, Statutory Interpretation
Public Law Administrative Law Child Welfare Law Housing Law Local Authority Duties Homelessness Children in Need 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

Legal Issues

  1. 1 Which local authority is responsible for assessing and providing for homeless children in need when families are placed out-of-area?
  2. 2 What are the obligations of originating and receiving authorities regarding referrals and interim accommodation?
  3. 3 Did the defendants comply with statutory duties under the Children Act 1989 and Housing Act 1996?

Ratio Decidendi

The primary responsibility for assessing AM's children as children in need fell on LB Havering due to their physical presence in that borough, and LB Havering's failure to assess was unlawful. LBTH retained the duty to provide interim accommodation under the Housing Act 1996 and breached statutory duties by failing to give timely notice and make lawful referrals to LB Havering. Both authorities failed to cooperate as required by statute and guidance.

Court Disposition

Declarations of unlawfulness against both defendants; quashing of LB Havering's refusal to assess; order for interim accommodation; costs issue reserved.

Orders

  • LB Havering's failure to assess AM's children declared unlawful.
  • LB Havering's refusal to assess quashed.