SA v KCC [2010] EWHC 848 (Admin) (07 May 2010)

SA v KCC [2010] EWHC 848 (Admin) (07 May 2010)

On the facts, the local authority took a central role in arranging and regulating the claimant's placement with her grandmother, did not make clear it was a private arrangement, and provided financial and practical support. Applying the Southwark principles, the arrangement was under s 23(2) and the claimant was a...

Source-derived case information.

Citation
[2010] EWHC 848 (Admin)
Parties
Claimant: S A; Defendant: K C C
Jurisdiction
England and Wales
Judgment Date
07 May 2010
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed
Legal Topics
Children Act 1989, Looked After Children, Local Authority Duties, Kinship Care, Statutory Interpretation
Public Law Family Law Child Law Children Act 1989 Looked After Children Local Authority Duties Kinship Care Statutory Interpretation

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S A

Claimant

K C C

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the claimant child was a 'looked after child' under s 22 Children Act 1989
  2. 2 Whether the local authority's arrangement with the grandmother was under s 23(2) or s 23(6) Children Act 1989
  3. 3 Whether the Southwark case principles apply to placements with relatives

Ratio Decidendi

On the facts, the local authority took a central role in arranging and regulating the claimant's placement with her grandmother, did not make clear it was a private arrangement, and provided financial and practical support. Applying the Southwark principles, the arrangement was under s 23(2) and the claimant was a 'looked after child' under s 22 Children Act 1989.

Court Disposition

Claim allowed

Orders

  • Declaration that the claimant is and has been a 'looked after child' under s 22 Children Act 1989
  • Local authority to pay the appropriate fostering allowance to the grandmother