W and Re Z (EU Settled Status for Looked After Children)

W and Re Z (EU Settled Status for Looked After Children)

Local authorities holding parental responsibility under care orders or placement orders are ordinarily entitled to apply for EU settled status and passports for looked after children without court approval, unless consequences are exceptionally profound or foreign authorities require a court order; in such cases, the court may dispense with parental consent under its inherent jurisdiction if statutory criteria are met.

Parties
Applicant: Warwickshire County Council; First Respondent: ML; Second Respondent: TW; Third and Fourth Respondents: PW and NW (by their Children’s Guardian); Applicant: Northamptonshire County Council; First Respondent: GZ; Second Respondent: RZ; Third and Fourth Respondents: DZ and MZ (by their Children’s Guardian); First Intervenor: The Secretary of State for the Home Department; Second Intervenor: The Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Inherent Jurisdiction Applications (family Division) / Final Judgment
Outcome
Applications granted; declarations made; permission to invoke inherent jurisdiction granted; orders dispensing with parental consent for passport applications issued.
Legal Topics
EU Settlement Scheme, Parental Responsibility, Care Orders, Passports for Minors, Court Approval for Immigration Applications, Inherent Jurisdiction, Children Act 1989, Adoption and Children Act 2002
Family Law Immigration Law Children Law EU Settlement Scheme Parental Responsibility Care Orders Passports for Minors Court Approval for Immigration Applications +3 more

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Parties

Warwickshire County Council

Applicant

ML

First Respondent

TW

Second Respondent

PW and NW (by their Children’s Guardian)

Third and Fourth Respondents

Northamptonshire County Council

Applicant

GZ

First Respondent

RZ

Second Respondent

DZ and MZ (by their Children’s Guardian)

Third and Fourth Respondents

The Secretary of State for the Home Department

First Intervenor

The Secretary of State for Education

Second Intervenor

Procedural Posture

Inherent Jurisdiction Applications (family Division) / Final Judgment

Legal Issues

  1. 1 Whether local authorities require court authorisation to apply for EU settled status or passports for looked after children under care orders when parents oppose or cannot be located
  2. 2 Whether the court has power to dispense with parental consent for passport applications when required by foreign authorities
  3. 3 Application of s.33 Children Act 1989 and s.25 Adoption and Children Act 2002 to immigration and passport applications for looked after children

Ratio Decidendi

Local authorities holding parental responsibility under care orders or placement orders are ordinarily entitled to apply for EU settled status and passports for looked after children without court approval, unless consequences are exceptionally profound or foreign authorities require a court order; in such cases, the court may dispense with parental consent under its inherent jurisdiction if statutory criteria are met.

Court Disposition

Applications granted; declarations made; permission to invoke inherent jurisdiction granted; orders dispensing with parental consent for passport applications issued.

Orders

  • Declaration that local authorities may proceed under s.33 Children Act 1989 or s.25 Adoption and Children Act 2002 to apply for EU settled status and passports for looked after children.
  • Permission granted to invoke inherent jurisdiction and dispense with parental consent for passport applications as required by Polish law.