A child (aged five) was placed in emergency foster care after his mother was detained in hospital under the Mental Health Act. The mother was then too unwell to discuss section 20. The local authority thought that there was no need to issue care proceedings as there was no-one to exercise parental responsibility and the mother was not requesting the child’s return. Consent was eventually obtained six months later after the mother had left hospital but there were doubts about whether it had been validly obtained. Care proceedings were not issued until the child had been accommodated for more than two years.
Held: Rejecting the argument that the accommodation was lawful, Judge Lazarus commented: ‘It cannot have been intended by Parliament that ‘provision for accommodation’ under section 20 would have given powers to a local authority that would avoid and subvert those careful provisions of Parts IV and V of the Children Act 1989 that safeguard families from unregulated unilateral actions of local authorities that interfere with their family life.’
Damages of pounds 20,000 were awarded both to the mother and to the child.
HHJ Lazarus
[2015] EWFC B164
Bailii
Children Act 1989 20
England and Wales
Cited by:
Cited – Williams and Another v London Borough of Hackney SC 18-Jul-2018
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.553958