J, R (on the application of) v London Borough of Enfield Anor [2002] EWHC 432 (Admin) (4th March, 2002)
The local authority failed to give adequate consideration to uncontradicted medical evidence showing the claimant's imminent need for care and attention due to her HIV status and impending homelessness, and thus its refusal under section 21 NAA 1948 was unlawful. However, the authority should have the opportunity to obtain its own medical evidence before a mandatory order is made. Section 17 Children Act 1989 does not empower the authority to provide financial assistance for accommodation in these circumstances. The separation of mother and child would breach Article 8 ECHR, but section 2 LGA…
Source excerpt
Judicial review of local authority decisions
Provision of accommodation under national assistance act 1948