The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 Act at two thirds only of the rate it paid in fostering allowance.
Held: The policy was a substantial and insufficiently justified departure from the appropriate guidance, and was unlawful.
Judges:
Langan QC HHJ
Citations:
[2010] EWHC 467 (Admin), [2010] 2 FLR 405, [2010] 2 FCR 153, [2010] Fam Law 596
Links:
Statutes:
Adoption and Children Act 2002
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Islington Borough Council Ex Parte Rixon QBD 17-Apr-1996
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled . .
Cited – B v London Borough of Lewisham and Another Admn 17-Apr-2008
. .
Cited – Mccook v Lobo and others CA 19-Nov-2002
The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed.
Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) . .
Lists of cited by and citing cases may be incomplete.
Adoption, Local Government
Updated: 15 September 2022; Ref: scu.402618