P (A Child: Use of S.20 CA 1989) [2014] EWFC 775 (16 December 2014)

P (A Child: Use of S.20 CA 1989) [2014] EWFC 775 (16 December 2014)

It is unlawful and contrary to the child's welfare for a local authority to keep a child in s.20 accommodation for years without a plan or proceedings. The parents' consent was not properly obtained or maintained, and the delay has caused harm. The child's return to his parents is in his best interests, but cannot occur until the Royal Borough of Greenwich fulfills its housing obligations. An interim supervision order is necessary to fix responsibility and ensure progress.

Citation
[2014] EWFC 775
Parties
Applicant Local Authority: London Borough of Redbridge; Respondent Mother: Mother; Respondent Father: Father; Guardian: Guardian; Interested Local Authority: Royal Borough of Greenwich
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Care Proceedings (child Protection) / Judgment Following Final Hearing With Interim Orders
Outcome
Interim orders made; final orders adjourned.
Legal Topics
Section 20 Children Act 1989 Accommodation, Delay in Care Proceedings, Local Authority Duties, Supervision Orders, Housing and Child Welfare
Family Law Child Protection Public Law Children Section 20 Children Act 1989 Accommodation Delay in Care Proceedings Local Authority Duties Supervision Orders Housing and Child Welfare

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Parties

London Borough of Redbridge

Applicant Local Authority

Mother

Respondent Mother

Father

Respondent Father

Guardian

Guardian

Royal Borough of Greenwich

Interested Local Authority

Procedural Posture

Care Proceedings (child Protection) / Judgment Following Final Hearing With Interim Orders

Legal Issues

  1. 1 Whether the local authority acted lawfully in accommodating the child under s.20 CA 1989 for an extended period without proceedings or a plan
  2. 2 Whether the parents' consent to s.20 accommodation was properly obtained and maintained
  3. 3 Whether the Royal Borough of Greenwich failed in its duty to provide housing to facilitate family reunification

Ratio Decidendi

It is unlawful and contrary to the child's welfare for a local authority to keep a child in s.20 accommodation for years without a plan or proceedings. The parents' consent was not properly obtained or maintained, and the delay has caused harm. The child's return to his parents is in his best interests, but cannot occur until the Royal Borough of Greenwich fulfills its housing obligations. An interim supervision order is necessary to fix responsibility and ensure progress.

Court Disposition

Interim orders made; final orders adjourned.

Orders

  • Interim supervision order to Royal Borough of Greenwich for 12 months.
  • Child arrangements order in favour of the parents (pending housing).