SA v KCC

SA v KCC

The local authority’s actions in arranging and controlling the claimant’s placement with her grandmother, without making clear it was a private arrangement and without clarifying financial support, meant the duty under s 20(1) arose and was discharged by a placement under s 23(2). The claimant was therefore a looked after child. Delay limited retrospective relief but did not bar it entirely.

Parties
Claimant: S A; Defendant: K C C
Jurisdiction
England and Wales
Judgment Date
07 May 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part
Legal Topics
Looked After Children, Local Authority Duties, Kinship Care, Children Act 1989, Judicial Review, Delay in Proceedings
Child Law Administrative Law Social Welfare Law Looked After Children Local Authority Duties Kinship Care Children Act 1989 Judicial Review +1 more

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Parties

S A

Claimant

K C C

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the claimant is a 'looked after child' under the Children Act 1989 while living with her grandmother
  2. 2 Whether the local authority discharged its duty under s 20(1) and s 23(2) or s 23(6) of the Children Act 1989
  3. 3 Whether the arrangement for the claimant to live with her grandmother was a private family arrangement or one made by the local authority

Ratio Decidendi

The local authority’s actions in arranging and controlling the claimant’s placement with her grandmother, without making clear it was a private arrangement and without clarifying financial support, meant the duty under s 20(1) arose and was discharged by a placement under s 23(2). The claimant was therefore a looked after child. Delay limited retrospective relief but did not bar it entirely.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the claimant is and has been a looked after child while in the care of her grandmother
  • Order that the local authority pay the appropriate weekly allowance for a looked after child, backdated to 2 March 2009 (three months before proceedings were issued)