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England and Wales decisions
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Permission to appeal is granted on grounds three, four, five, and six as they have a realistic prospect of success regarding whether the High Court properly determined suitability and discharge of duty, but refused on grounds seven and eight due to lack of realistic prospect. The appeal may be academic but should proceed for now.
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Coventry City Council, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 2929 (Admin) (14 November 2025)
Judicial review over asylum accommodation in Coventry failed. The court held the 1:200 ratio and related figures were planning tools or targets, not binding limits.
The Court of Appeal held that SCC's professional assessment that BC was not a child in need requiring accommodation under section 20 was not Wednesbury unreasonable. The claim for judicial review was not brought promptly or within the three-month period, and no extension of time was justified. No continuing duty existed to defeat delay. The judge below erred in substituting his own judgment for that of SCC and in finding a statutory duty and breach.
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The Court of Appeal held that Enfield lawfully placed a domestic abuse victim in neighbouring Haringey and that late notification to the host authority did not invalidate the review decision.
ZZ v Croydon Council [2025] EWHC 1916 (Admin) (24 July 2025)
The High Court quashed Croydon Council’s unlawful Care Act assessment and ordered a fresh review, but transferred damages to the County Court.
The court quashed Croydon Council’s unlawful Care Act assessment, ordered a fresh assessment and care plan, transferred damages to the County Court, and refused indemnity costs.
Mrs Bano had statutory remedies available under section 202 of the Housing Act 1996 to challenge the Council's decision, and judicial review is inappropriate absent exceptional circumstances; the Council's duty ceased automatically upon refusal of the offer.
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Foggoa v J Murphy & Sons Ltd & Ors [2025] EWHC 1246 (KB) (20 May 2025)
High Court appeal over street works safety, fresh evidence, and negligence was dismissed. The court held the Code was not breached and public nuisance failed.
The Court of Appeal held the ICB breached its duty to arrange an up-to-date care plan, but quashed the mandatory order and dismissed the restitution appeal.
The Council breached its absolute statutory duty under section 42 of the Children and Families Act 2014 by failing to secure the special educational provision specified in the claimant's EHCP since the start of the September 2024 term. The breach is ongoing. The court granted declaratory and mandatory relief, requiring the Council to secure the provision within five weeks, as the impact on the claimant is severe and the Council was on notice well in advance but failed to act with due expedition.
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