The claimant sought a declaration that the council had failed in its duty to provide him with an independent personal adviser. The council had appointed the same person to act as his personal adviser and also to prepare the statutory assessment and plan for his transition from care.
Held: The Regulations envisaged the officer preparing the plan to take account of the views of the personal adviser. That demosntrated that the rules envisaged two people. To join the roles was not desirable. The adviser’s role was to act as advocate for the child in his dealings with the authority, and that role would be compromised if he was also invloved with the statutory plan.
Judges:
Munby J
Citations:
Times 21-Apr-2005, [2005] EWHC 586 (Admin), [2005] 2 FLR 860
Links:
Statutes:
Children (Leaving Care) Act 2000, Children (Leaving Care) Regulations 2001 (2001 No 2189)
Jurisdiction:
England and Wales
Cited by:
Cited – G, Regina (on the Application of) v Nottingham City Council Admn 1-Feb-2008
The respondent authority had removed the child from the mother at birth but without first obtaining any court authority. The court had made a peremptory order for the return of the child. The court explained its actions.
Held: Neither social . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government
Updated: 16 August 2022; Ref: scu.224372