O v Doncaster Metropolitan Borough Council

O v Doncaster Metropolitan Borough Council

C was not a Looked After Child at the material time because the arrangement for her to live with TD was made within the family, and social care was entitled to view it as a private arrangement supported by s17 payments, not a local authority placement under s20.

Parties
Claimant: O (A Child) by her Litigation Friend; Defendant: Doncaster Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
09 July 2014
Procedural Posture
Judicial Review / Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Looked After Child Status, Local Authority Duties, Financial Allowances, Private Family Arrangements
Child Law Administrative Law Looked After Child Status Local Authority Duties Financial Allowances Private Family Arrangements

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Parties

O (A Child) by her Litigation Friend

Claimant

Doncaster Metropolitan Borough Council

Defendant

Procedural Posture

Judicial Review / Substantive Hearing

Legal Issues

  1. 1 Whether C was a Looked After Child from the time of placement with TD
  2. 2 Entitlement to financial allowances and services as a Looked After Child

Ratio Decidendi

C was not a Looked After Child at the material time because the arrangement for her to live with TD was made within the family, and social care was entitled to view it as a private arrangement supported by s17 payments, not a local authority placement under s20.

Court Disposition

Claim dismissed

Orders

  • No declaration that C was a Looked After Child
  • No order for costs