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Family Law

The leading authority on all aspects of family law

23 NOV 2010

LOCAL AUTHORITY: R (SO) v Barking and Dagenham London Borough Council (The Children's Society Intervening) [2010] EWCA Civ 634

(Court of Appeal; Jacob, Leveson, Tomlinson LJJ; 12 October 2010)

The Appellant was an asylum seeker over 18 who was formerly in local authority care. At issue was whether the local authority had a responsibility to assist a former relevant child with accommodation. Also at issue was whether the authority was entitled to take into consideration the possibility of financial support being provided by the National Asylum and Support Service (NASS).

Held that a local authority has the power to provide accommodation to former relevant children under s 23C Children Act 1989. In considering whether to do so, it was not entitled to take into account the possibility of support from NASS.

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