Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

23 APR 2007

LOCAL AUTHORITY: R (H) v Wandsworth London Borough Council; R (Barhanu) v Hackney London Borough Council [2007] EWHC 1082 (Admin)

(Queens Bench Division (Admin); Holman J; 23 April 2007)

Certain issues arose in the course of proceedings concerning unaccompanied asylum-seeking minors who had been looked after by the relevant local authority for more than 13 weeks at the point of maturity: (i) whether any of the minors was a 'former relevant child' entitled to receive services and support under the Children (Leaving Care) Act 2000, with particular reference to whether a local authority could specify that accommodation had been provided to a lone child in need under s 17 of Children Act 1989, when the duty to provide accommodation also arose under s 20; and (ii) whether Local Authority Circular No Lac (2003) 13 gave accurate guidance on the law relating to a local authority's assessment of unaccompanied asylum-seeking minors who were seeking accommodation and were within the authority's control. If a duty to provide accommodation had arisen under Children Act 1989, s 20, and accommodation had been provided to a child in need, the authority had to be regarded as having provided that accommodation under s 20 and not under s 17. The effect of LAC (2003) 13 was that in certain circumstances an authority might consider that a child required not accommodation, but 'help with accommodation' (which did not give rise to a duty under s 20). If the authority then provided no more than help, for instance some limited funding, neither a duty under s 20 nor the statutory consequences of the child being 'looked after' would arise. The correct approach was for the local authority to decide whether a child required 'accommodation' or merely 'help with accommodation' without having regard to the implications of the child thereafter being a 'looked after' child.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters