Judges: Mr Justice Keith Citations: [2009] EWHC 915 (Admin), [2009] 2 FLR 974, [2009] Fam Law 580, [2010] 1 FCR 699 Links: Bailii Statutes: Children Act 1989 17(1) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.343058
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001
Section 17(1) imposes an obligation in respect of the needs of an individual child. Judges: Kay J Citations: (1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294 Links: Bailii Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte … Continue reading Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997
Judges: Forbes J Citations: (1998) 1 CCLR 581 Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003 The applicants sought to oblige the local authority, in … Continue reading Regina v Wigan Metropolitan Borough Council, Ex parte Tammadge: 1998
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient. Judges: Mr Jack Beatson, … Continue reading Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001
The claimant had sought asylum saying he was 14 years old. The respondent assessed his age as over 18 and refused him assistance as a child. Citations: [2012] EWHC 291 (Admin) Links: Bailii Statutes: Children Act 1989 17(1)(a) Jurisdiction: England and Wales Immigration Updated: 09 April 2022; Ref: scu.451388
The court considered the continuing support to be given as the child with special needs became an adult. Judges: Stanlet Burnton J Citations: [2004] EWHC 1998 (Admin) Links: Bailii Statutes: Children Act 1989 17(1) Jurisdiction: England and Wales Children, Local Government Updated: 23 March 2022; Ref: scu.226901
[2001] EWHC 709 (Admin) Bailii Children Act 1989 17(1) England and Wales Children, Local Government Updated: 17 November 2021; Ref: scu.347090
A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority’s area in general. The other duties and the specific duties which then follow must … Continue reading Regina v Barnet London Borough Council Ex Parte B and Others: QBD 17 Nov 1993
The applicants sought judicial review of the Council’s decision to evict her and her children from emergency accommodation for the homeless without further provision, saying the council failed its duty to her child under section 17. Held: The council had conducted a review as required. However it was defective, and the council had been ineffective … Continue reading Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte Makila Ebuki and Brandon Ebuki (By His Mother and Litigation Friend Makila Ebuki): Admn 5 Dec 2000
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
There had been several hearings and the father had been assisted by a McKenzie friend permitted to address the court. The father now objected to the mother’s McKenzie friend being given similar leave. Held: Whilst Dr Pelling might make a preliminary argument on the point in chambers, if decided in his favour, the full point … Continue reading In Re N (A Child): FD 20 Aug 2008
