M, R (on the application of) v Gateshead Council [2006] EWCA Civ 221 (14 March 2006)

M, R (on the application of) v Gateshead Council [2006] EWCA Civ 221 (14 March 2006)

Section 21(2)(b) of the Children Act imposes an absolute duty on the local authority receiving a request under section 38(6) of PACE to provide accommodation, but not an absolute duty to provide secure accommodation; secure accommodation is within the discretion of the authority, subject to section 25, and arrangements must be reasonable but not guarantee provision; Gateshead Council's system was lawful and not in breach.

Citation
[2006] EWCA Civ 221
Parties
Appellant/claimant: The Queen on the Application of 'M'; Respondent/defendant: Gateshead Council
Jurisdiction
England and Wales
Judgment Date
14 March 2006
Procedural Posture
Judicial Review / Appeal From Refusal of Permission, Court of Appeal Judgment
Outcome
application for judicial review dismissed
Legal Topics
Local Authority Duties, Secure Accommodation, Police and Criminal Evidence Act, Children Act, Judicial Review
Public Law Child Law Criminal Law Local Authority Duties Secure Accommodation Police and Criminal Evidence Act Children Act Judicial Review

Case Brief

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 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Queen on the Application of 'M'

Appellant/claimant

Gateshead Council

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Refusal of Permission, Court of Appeal Judgment

Legal Issues

  1. 1 Which local authority is obliged under section 21(2)(b) of the Children Act to provide accommodation when requested under section 38(6) of PACE?
  2. 2 Does section 21(2)(b) impose an absolute duty to provide secure accommodation when requested by police under section 38(6) of PACE?
  3. 3 Was Gateshead Council in breach of duty for failing to provide secure accommodation for M?

Ratio Decidendi

Section 21(2)(b) of the Children Act imposes an absolute duty on the local authority receiving a request under section 38(6) of PACE to provide accommodation, but not an absolute duty to provide secure accommodation; secure accommodation is within the discretion of the authority, subject to section 25, and arrangements must be reasonable but not guarantee provision; Gateshead Council's system was lawful and not in breach.

Court Disposition

application for judicial review dismissed