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18 SEP 2006

LOCAL AUTHORITY: B v Southwark London Borough Council [2006] EWHC 2254 (Admin)

(Administrative Court; Andrew Nicol QC sitting as Deputy Judge; 18 September 2006)

Quashing a decision by the local authority not to provide further support under s 23C or s24A of the Children Act 1989, to a former relevant child whose appeal against removal on Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (European Convention) grounds had not yet been resolved, the judge held that, in the absence of a decision from the immigration authorities, the local authority could dismiss the claimant's objection to returning to Uganda only if it decided that the claimant's Art 8 of the European Convention application was manifestly unfounded. That had not been established by the authority enquiry. Reconsideration by the local authority would not necessarily lead to the same result. There was a continuing duty to provide a personal adviser and to review a pathway plan, even if the local authority was precluded from giving support or assistance, although the functions in each case would be very much truncated because of that restriction on the authority's powers.

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