The duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family. As to the decision in Horvath, the system must provide for a criminal law which makes it a criminal offence to persecute individuals for a Convention reason and there must be appropriate penalties imposed on those who commit such crimes. The system must also be operated in such a way that victims of a particular class are not exempted from the protection of the law and there must be a reasonable willingness on the part of the police and law enforcement agencies to investigate, detect and prosecute.
Judges:
Clarke, Thorpe LJJ, Butterfield J
Citations:
[2001] EWCA Civ 807
Links:
Jurisdiction:
England and Wales
Immigration, Children
Updated: 31 May 2022; Ref: scu.147574