CO, R (on the application of) v Surrey County Council

CO, R (on the application of) v Surrey County Council

The local authority played a central role in arranging C's placement with her grandmother, did not give a clear explanation of the financial consequences, and provided materials indicating C was a looked after child. Therefore, the arrangement was under s.23(2) and C was a looked after child entitled to foster care payments.

Parties
Claimant: The Queen on the application of CO (by her litigation friend SGF); Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
28 November 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration granted that C was a looked after child; financial relief limited to three months prior to commencement of proceedings.
Legal Topics
Children Act 1989, Looked After Child, Local Authority Duties, Kinship Care, Foster Care Payments
Public Law Child Law Children Act 1989 Looked After Child Local Authority Duties Kinship Care Foster Care Payments

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Queen on the application of CO (by her litigation friend SGF)

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the placement of C with her grandmother amounted to the local authority providing accommodation under s.20 and s.23(2) of the Children Act 1989, making C a 'looked after' child
  2. 2 Whether the arrangement was a private family fostering under s.23(6) or a local authority placement under s.23(2)
  3. 3 Entitlement to financial relief for foster care payments

Ratio Decidendi

The local authority played a central role in arranging C's placement with her grandmother, did not give a clear explanation of the financial consequences, and provided materials indicating C was a looked after child. Therefore, the arrangement was under s.23(2) and C was a looked after child entitled to foster care payments.

Court Disposition

Declaration granted that C was a looked after child; financial relief limited to three months prior to commencement of proceedings.

Orders

  • Declaration that C was a looked after child under s.20 and s.23(2) of the Children Act 1989
  • Order for payment of foster care amounts for the period commencing three months prior to proceedings