BK & Anor v Leeds City Council & Anor

BK & Anor v Leeds City Council & Anor

The facts of this case are materially different from Salford; there are no care proceedings, Leeds City Council is not a party to the private law proceedings, and the dispute concerns financial provision, not welfare. Therefore, the application should have been issued in the Administrative Court by way of judicial review, not under the inherent jurisdiction of the High Court.

Parties
Applicant: BK; Applicant: CK; 1st Respondent: Leeds City Council; 2nd Respondent: FN
Jurisdiction
England and Wales
Judgment Date
17 June 2024
Procedural Posture
Family / Preliminary Issue—jurisdictional Ruling
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Inherent Jurisdiction, Judicial Review, Child Arrangements, Looked After Children Status, Special Guardianship, Jurisdictional Competence
Family Law Administrative Law Inherent Jurisdiction Judicial Review Child Arrangements Looked After Children Status Special Guardianship Jurisdictional Competence

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Parties

BK

Applicant

CK

Applicant

Leeds City Council

1st Respondent

FN

2nd Respondent

Procedural Posture

Family / Preliminary Issue—jurisdictional Ruling

Legal Issues

  1. 1 Whether the application for a declaration regarding looked after child status should be heard under the inherent jurisdiction of the High Court or in the Administrative Court
  2. 2 Whether the facts justify departing from the ordinary approach of judicial review for such disputes

Ratio Decidendi

The facts of this case are materially different from Salford; there are no care proceedings, Leeds City Council is not a party to the private law proceedings, and the dispute concerns financial provision, not welfare. Therefore, the application should have been issued in the Administrative Court by way of judicial review, not under the inherent jurisdiction of the High Court.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • Application under inherent jurisdiction dismissed; appropriate forum is the Administrative Court
  • No transfer of Child Arrangements Order application; to proceed in Magistrates Court