J, R (on the application of) v Worcestershire County Council & Anor

J, R (on the application of) v Worcestershire County Council & Anor

A local authority's power under section 17(1) of the Children Act 1989 to provide services to a child in need, assessed while present in their area, is not geographically limited to the authority's area. The power can be exercised to provide services to the child when he is outside the area (but within England and Wales), provided the assessment and decision-making occurred while the child was within the area.

Parties
Claimant: The Queen on the application of 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
Outcome
Claim allowed
Legal Topics
Local Authority Powers, Children in Need, Provision of Services, Geographical Scope of Statutory Powers, Travellers and Gypsies, Equality Act 2010, Children Act 1989
Administrative Law Children Law Equality Law Local Authority Powers Children in Need Provision of Services Geographical Scope of Statutory Powers Travellers and Gypsies +2 more

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Parties

The Queen on the application of 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

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 present in their area, extends to providing services when the child is outside their area but within England and Wales.

Ratio Decidendi

A local authority's power under section 17(1) of the Children Act 1989 to provide services to a child in need, assessed while present in their area, is not geographically limited to the authority's area. The power can be exercised to provide services to the child when he is outside the area (but within England and Wales), provided the assessment and decision-making occurred while the child was within the area.

Court Disposition

Claim allowed

Orders

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