England and Wales Case Law

BC, R (on the application of) v Surrey County Council

SCC owed BC a duty under section 20 Children Act 1989 to provide accommodation by 18 September 2019; arrangements for BC to stay with his friend's mother from 17 October 2019 were made pursuant to section 20; BC thereby acquired qualifying young person status under section 24 Children Act 1989 and is owed ongoing duties by SCC.

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• Children act 1989 duties
• Section 20 accommodation
• Leaving care duties
• Judicial review
• Homelessness
• Local authority responsibilities

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TMX, R (on the application of) v London Borough of Croydon & Anor

The local authority must disregard any accommodation provided or potentially provided by the Secretary of State under s.95 IAA 1999 when assessing accommodation-related care needs under the Care Act 2014. The Council's failure to provide suitable accommodation breached its statutory duty under the Care Act and resulted in violations of the Claimant's rights under Articles 3 and 8 ECHR for a period of at least 7 months.

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• Care act 2014 duties
• Immigration and asylum act 1999 s.95
• Accommodation-related care needs
• Human rights act 1998
• Article 3 echr
• Article 8 echr

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SR v RT

The court found that the father had perpetrated serious domestic abuse against the mother and children, and the local authority failed to accept and act on these findings, thereby perpetuating harm. The welfare evaluation established that the mother is now able to provide safe care, and the risks posed by the father are significant and ongoing. The court ordered that B and C should move to the mother's care immediately, with a transition plan for A, and granted an occupation order for the mother to return to the family home, excluding the father for 12 months.

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• Child arrangements orders
• Occupation orders
• Domestic abuse findings
• Local authority responsibilities
• Welfare evaluation

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HJ v London Borough of Croydon

HJ v London Borough of Croydon [2020] EWHC 384 (Admin) (11 February 2020)

Permission for judicial review was granted to a young asylum seeker challenging Croydon’s refusal to assess her under the Children Act 1989.

• Children act 1989 duties
• Age assessment
• Unaccompanied asylum seeking children
• Local authority responsibilities
• Judicial review procedure
• Trafficking indicators

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JG & Anor v Kent County Council & Ors

JG & Anor v Kent County Council & Ors [2016] EWHC 1102 (Admin) (13 May 2016)

The High Court found Kent County Council breached Children Act duties to TG and his siblings, but not Article 3 ECHR. It also quashed KCC’s decision to transfer TG’s education to Sunderland.

• Children act 1989 duties
• Special educational needs
• Article 3 echr operational duty
• Local authority responsibilities
• Judicial review of local authority decisions
• Children-act-1989

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London Borough of Brent v K

London Borough of Brent v K [2015] EWHC 658 (Fam) (18 February 2015)

The High Court criticised a local authority for failing to secure placement and transport arrangements after an urgent collection order, leaving a vulnerable child in police custody for hours.

• Collection orders
• Child welfare
• Child sexual exploitation
• Local authority responsibilities
• Collection-orders
• Child-protection

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London Borough of Brent v K

The High Court criticised a local authority after a vulnerable child was held in police custody for hours because no transport or placement arrangements were in place.

• Collection orders
• Child welfare
• Child sexual exploitation
• Local authority responsibilities
• Child-welfare
• Collection-orders

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CCC v KS

CCC v KS [2013] EWCOP B42 (24 January 2013)

The Court of Protection held that K should stay at BS until July 2014 to finish college, with a planned move closer to his family afterward.

• Best interests
• Residence of vulnerable adult
• Supported accommodation
• Contact with family
• Local authority responsibilities
• Best-interests

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O & Anor v Orkney Island Council

O & Anor v Orkney Island Council [2009] EWHC 3173 (Fam) (07 December 2009)

The High Court directed Cambridgeshire County Council to provide the mandatory special guardianship report for a child cared for in England after Scottish supervision ended.

• Special guardianship orders
• Local authority responsibilities
• Habitual residence
• Cross-jurisdictional child care
• Children act 1989
• Special-guardianship-orders

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Watts, R (on the application of) v Wolverhampton City Council

Watts, R (on the application of) v Wolverhampton City Council [2009] EWCA Civ 1168 (07 October 2009)

The Court of Appeal refused permission to appeal and discharged an injunction over the planned closure of a care home, finding no arguable unlawfulness or proven risk of harm.

• Closure of care homes
• Duty of care
• Judicial review
• Injunctions
• Local authority responsibilities
• Elderly care

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