Nationwide Association Of Fostering Providers, R (on the application of) v Bristol City Council & Ors

Nationwide Association Of Fostering Providers, R (on the application of) v Bristol City Council & Ors

Section 22C(5) of the Children Act 1989 imposes an outcome duty on local authorities to place a looked after child in the most appropriate placement as defined in Section 22C(6), but does not require a procedural duty to canvass all available foster providers; the processes adopted by the defendant authorities are lawful and do not breach the statutory duty.

Parties
Claimant: Nationwide Association of Fostering Providers; Defendant: Bristol City Council; Defendant: Leeds City Council; Defendant: Suffolk County Council; Interested Party: Local Government Association
Jurisdiction
England and Wales
Judgment Date
15 December 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Local Authority Duties, Foster Care Placement, Standing in Judicial Review
Administrative Law Child Welfare Law Statutory Interpretation Local Authority Duties Foster Care Placement Standing in Judicial Review

Case Brief

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Parties

Nationwide Association of Fostering Providers

Claimant

Bristol City Council

Defendant

Leeds City Council

Defendant

Suffolk County Council

Defendant

Local Government Association

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Section 22C(5) of the Children Act 1989 imposes a duty on local authorities to consider all available foster placements, including independent providers, when determining 'the most appropriate placement' for a looked after child
  2. 2 Whether the claimant association has standing to bring the claim
  3. 3 Proper construction of Section 22C(5) in the statutory scheme

Ratio Decidendi

Section 22C(5) of the Children Act 1989 imposes an outcome duty on local authorities to place a looked after child in the most appropriate placement as defined in Section 22C(6), but does not require a procedural duty to canvass all available foster providers; the processes adopted by the defendant authorities are lawful and do not breach the statutory duty.

Court Disposition

Claim dismissed