The social worker arranged for D, unable to live with her father because he was violent towards her, to live with his fomer partner. The court was asked whether the local authority had simply facilitated a private fostering arrangement, in which case they had no duty to maintain the child, or whether they had accommodated her under section 20, in which case they did.
Held: The social worker had prevented the father from taking the child home from school, had taken the lead in making the arrangements, and had told the woman that financial arrangements would be made for her. It had been discharging their duties under section 20 and could not escape the associated financial liabilities.
Judges:
May LJ, Keene LJ, Smith LJ
Citations:
[2007] EWCA Civ 182, [2007] 1 FLR 2181, [2007] Fam Law 701, (2007) 10 CCL Rep 280, [2007] 1 FCR 788
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – M, Regina (on the Application of) v London Borough of Hammersmith and Fulham HL 27-Feb-2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards . .
Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government
Updated: 04 November 2022; Ref: scu.249888