Where a child coming into care had had connection with two local authorities beforehand, the primary statutory responsibility for care would be determined by assessing which was the authority with a connection to the child immediately before the period to be disregarded under the Act for any temporary placement. The court reaffirmed the simple test in Northamptonshire ‘should be sufficient to determine all but the most exceptional cases’. It did not give the judge some sort of discretionary exit from the plain application of the mechanism contained in sections 31 and 105′. (Swinton Thomas LJ) ‘It is clear, as my lord has said in his judgment, that what was intended in that passage was to leave the door open for circumstances or facts which might arise, which could properly, in the context of that decision, be regarded as exceptional. As at present, I do not find it possible myself to envisage facts which would be exceptional, although I entirely accept that it could be that such facts could arise and that it would be right for the court to leave that possibility open.’
Judges:
Thorpe LJ, Swinton Thomas LJ
Citations:
Times 21-Mar-2000, Gazette 14-Apr-2000, [2000] 1 FLR 875
Statutes:
Children Act 1989 31(1) 105(6)
Jurisdiction:
England and Wales
Citing:
Cited – Northamptonshire County Council v Islington London Borough Council CA 21-Jul-1999
When two local authorities were competing not to be responsible for the costs of a child committed to care, and the child had proper connections with both areas, the issue was to be decided by asking first whether the child had in fact any ‘ordinary . .
Cited by:
Cited – H (Child), Re (Care Order: Appropriate Local Authority) CA 18-Nov-2003
The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents.
Held: The judge had been correct to find that family circumstances . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government
Updated: 11 May 2022; Ref: scu.84780
