A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court considered a local authority placement with a mother whose classification for the purposes of section 23 is established by subsections (3) and (4) as follows: ‘(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4). (4) A person falls within this subsection if he is: (a) a parent of the child; (b) a person who is not a parent of the child but who has parental responsibility for him; or (c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.’
Wall J
[1997] 1 FLR 544
Children Act 1989 23(6) 105(6)(c)
England and Wales
Cited by:
Applied – 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 . .
These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.187987
