C, R (on the application of) v Nottingham City Council

C, R (on the application of) v Nottingham City Council

It is arguable that if the local authority is aware of circumstances giving rise to a section 20 duty and accommodation is provided by another department, that accommodation may be deemed under section 20; permission to appeal is granted to resolve this point.

Parties
Applicant: C; Respondent: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Children in Need, Local Authority Duties, Section 20 Children Act, Housing Act Status
Administrative Law Child Law Housing Law Children in Need Local Authority Duties Section 20 Children Act Housing Act Status

Case Brief

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Parties

C

Applicant

Nottingham City Council

Respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicants were 'children in need' under section 20(1)(c) of the Children Act 1989
  2. 2 Whether accommodation provided by the housing department should be deemed accommodation under section 20
  3. 3 Whether the local authority's knowledge and actions trigger duties under section 20

Ratio Decidendi

It is arguable that if the local authority is aware of circumstances giving rise to a section 20 duty and accommodation is provided by another department, that accommodation may be deemed under section 20; permission to appeal is granted to resolve this point.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted to the applicants