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 instead to arrange for him to be accommodated by the local housing authority under the homelessness provisions of Part VII of the Housing Act 1996.
Held: The child’s appeal succeeded. It was already established that if the section 20 duty has arisen and the children’s authority have provided accommodation for the child, and they cannot ‘side-step’ the issue by claiming to have acted under some other power. The authority must act under the 1989 Act. The authority’s argument was circular.
Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury
[2009] UKHL 26, [2009] NPC 73, [2009] 1 WLR 1299, [2009] Fam Law 668, [2009] 3 All ER 189, [2009] BLGR 673, [2009] 2 FCR 459, [2009] 2 FLR 380, Times 04-Jun-2009
Bailii
Children Act 1989 20, Housing Act 1996
England and Wales
Citing:
Cited – Southwark, London Borough of v D CA 7-Mar-2007
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 . .
Appeal from – G, Regina (on the Application of) v London Borough of Southwark CA 29-Jul-2008
. .
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 – L, Regina (on the Application of) v Nottinghamshire County Council Admn 26-Sep-2007
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel.
Held: As she had previously been looked after by the local authority for some time, this would . .
Cited – S, Regina (on the Application of) v London Borough of Sutton CA 26-Jul-2007
The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women . .
Cited – H and others v London Borough of Wandsworth and others Admn 23-Apr-2007
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued . .
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 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 . .
Cited – Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another CA 10-Feb-2009
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was . .
Cited – A, Regina (on the Application of) v Coventry City Council Admn 22-Jan-2009
. .
Cited – S, Regina (on the Application of) v London Borough of Sutton Admn 18-May-2007
Application for assistance in providing accomodation to allow early release from prison. . .
Cited by:
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Lists of cited by and citing cases may be incomplete.
Children, Housing, Local Government
Updated: 02 November 2021; Ref: scu.346222