D & Anor v F & Anor

D & Anor v F & Anor

The Local Authority had a statutory duty to accommodate the children under section 20(1)(c) of the Children Act 1989 from the date of their father's death, as there was no agreement within the family, the mother was unable to care for the children, and the Local Authority played a central role in brokering and arranging the children's placements. The arrangements were not private family agreements, and the children have been looked after children since their father's death.

Parties
First Applicant: D; Second Applicant: E; First Respondent: F; Second Respondent: A Local Authority; Third, Fourth and Fifth Respondents: Children (A, B, C) via Guardian
Jurisdiction
England and Wales
Judgment Date
14 July 2022
Procedural Posture
Family / Judgment After Contested Application for Declaration as to Children's Legal Status
Outcome
Declaration granted
Legal Topics
Looked After Children, Section 20 Children Act 1989, Parental Responsibility, Private Fostering Arrangements, Special Guardianship Orders
Family Law Child Law Looked After Children Section 20 Children Act 1989 Parental Responsibility Private Fostering Arrangements Special Guardianship Orders

Case Brief

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Parties

D

First Applicant

E

Second Applicant

F

First Respondent

A Local Authority

Second Respondent

Children (A, B, C) via Guardian

Third, Fourth and Fifth Respondents

Procedural Posture

Family / Judgment After Contested Application for Declaration as to Children's Legal Status

Legal Issues

  1. 1 Whether the children A, B, and C were 'looked after children' under section 20 of the Children Act 1989 from the date of their father's death
  2. 2 Whether the arrangements for the children's care constituted private family arrangements or placements by the Local Authority under statutory duty

Ratio Decidendi

The Local Authority had a statutory duty to accommodate the children under section 20(1)(c) of the Children Act 1989 from the date of their father's death, as there was no agreement within the family, the mother was unable to care for the children, and the Local Authority played a central role in brokering and arranging the children's placements. The arrangements were not private family agreements, and the children have been looked after children since their father's death.

Court Disposition

Declaration granted

Orders

  • Declaration that A, B, and C have been looked after children since the date of their father's death