CD (A Child By Her Litigation Friend, VD) v Isle of Anglesey County Council [2004] EWHC 1635 (Admin) (16 July 2004)

CD (A Child By Her Litigation Friend, VD) v Isle of Anglesey County Council [2004] EWHC 1635 (Admin) (16 July 2004)

The local authority's care plan was unlawful because it failed to promote the child's welfare with an appropriate range and level of services, did not provide services to minimise the effect of her disabilities, failed to give due consideration to her wishes regarding accommodation, and did not secure that the...

Source-derived case information.

Citation
[2004] EWHC 1635 (Admin)
Parties
Claimant: CD (A child by her litigation friend, VD); Defendant: Isle Of Anglesey County Council
Jurisdiction
England and Wales
Judgment Date
16 July 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; care plan declared unlawful
Legal Topics
Local Authority Duties, Care Planning, Disabled Children, Respite Care, Human Rights (article 8)
Public Law Child Law Disability Law Local Authority Duties Care Planning Disabled Children Respite Care Human Rights (article 8)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CD (A child by her litigation friend, VD)

Claimant

Isle Of Anglesey County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the local authority's care plan for a disabled child is lawful under the Children Act 1989 and related statutes
  2. 2 Whether the plan fails to promote the child's welfare, consider her wishes, and provide suitable accommodation

Ratio Decidendi

The local authority's care plan was unlawful because it failed to promote the child's welfare with an appropriate range and level of services, did not provide services to minimise the effect of her disabilities, failed to give due consideration to her wishes regarding accommodation, and did not secure that the accommodation was suitable to her particular needs, contrary to statutory duties under the Children Act 1989.

Court Disposition

Claim allowed; care plan declared unlawful

Orders

  • Declaration that the local authority's care plan for the claimant is unlawful
  • Local authority to reconsider and revise the care plan in accordance with statutory duties and the child's wishes