J, R (on the application of) v Worcestershire County Council & Anor [2013] EWHC 3845 (Admin) (06 December 2013)

J, R (on the application of) v Worcestershire County Council & Anor [2013] EWHC 3845 (Admin) (06 December 2013)

A local authority's power under section 17(1) of the Children Act 1989, once triggered by assessment of a child in need while within its area, is capable of being exercised to provide services to that child even when the child is outside the authority's area (but within England and Wales). The statutory language does not restrict the provision of services to the authority's area, and Parliament intended a broad, purposive construction to enable continuity of support, especially for travelling families.

Citation
[2013] EWHC 3845 (Admin)
Parties
Claimant: J (by his father and litigation friend W); Defendant: Worcestershire County Council; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
06 December 2013
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim allowed; declaration granted
Legal Topics
Local Authority Powers, Children in Need, Provision of Services, Travellers and Gypsies, Equality Act 2010, Children Act 1989 S.17, Geographical Scope of Statutory Powers
Public Law Children Law Administrative Law Equality Law Local Authority Powers Children in Need Provision of Services Travellers and Gypsies +3 more

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Parties

J (by his father and litigation friend W)

Claimant

Worcestershire County Council

Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether a local authority's power under section 17(1) of the Children Act 1989 to provide services to a child in need, assessed while within its area, extends to providing services when the child is outside its area but within England and Wales.

Ratio Decidendi

A local authority's power under section 17(1) of the Children Act 1989, once triggered by assessment of a child in need while within its area, is capable of being exercised to provide services to that child even when the child is outside the authority's area (but within England and Wales). The statutory language does not restrict the provision of services to the authority's area, and Parliament intended a broad, purposive construction to enable continuity of support, especially for travelling families.

Court Disposition

Claim allowed; declaration granted

Orders

  • Declaration that Worcestershire County Council has the power under section 17(1) Children Act 1989 to provide services to the claimant when he is outside its area but within England and Wales.