LOCAL AUTHORITY/HOUSING: R (C and C) v Nottingham County Council [2009] EWHC 2766 (Admin)

17 NOV 2009

(Administrative Court; Inglis J; 12 October 2009)

It was not reasonable to treat the local authority as having provided accommodation under Children Act 1989, s 20 when the young people concerned had applied to and had been granted housing by the housing authority. The children's services department should not be treated as having brought about accommodation for specific children when it had not done so. This was a quite different situation from one in which the social services department responsible for having provided accommodation to children had put a different label on accommodation from the one that the accommodation ought to have borne. The local authority had not yet provided a framework for joint assessment of 16 and 17 old by the housing and children's services authorities, as required by the relevant guidance, but was actively working on it. No declaration of unlawfulness would be made at present, however, if a continued failure came to light subsequently, the court's position might be different.

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