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Family Law

The leading authority on all aspects of family law

21 MAY 2012

LOCAL AUTHORITY RESPONSIBILITY:Re D (Local Authority Responsibility) [2012] EWCA Civ 627

(Court of Appeal, Ward, Stanley Burnton, Elias LJJ, 14 May 2012)

The baby was placed with foster parents by the local authority soon after birth due to concerns of neglect, the vulnerability of the mother and the volatility within the parents' relationship.

 The mother had been a child in care herself and had lived with foster carers in the area in which she now lived with her child. However, the mother had been born in a neighbouring local authority and they retained responsibility for her care. The issue arose as to the application of s 105(6) of the Children Act 1989 and which local authority was responsible for providing accommodation for the baby. The mother had not lived within the neighbouring authority for a number of years and the child had never lived there.

 The baby's ordinary residence was dependent on that of the mother which was determined to be the one she had lived in since she was removed from her mother, in line with the ordinary meaning of the term 'ordinary residence'. Appeal dismissed.

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