The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been the intention, parliament would have had to have expressed such a process in the Act.
Judges:
Lord Justice Chadwick, Lord Justice Laws and Sir Philip Otton
Citations:
Times 20-Nov-2001, [2001] EWCA Civ 1624, (2001) 4 CCL Rep 486, [2002] Fam Law 179, [2001] 3 FCR 673, [2002] BLGR 163, [2002] HLR 13, (2002) 64 BMLR 88, [2002] 1 FLR 353, [2002] ACD 18
Links:
Statutes:
Children Act 1989 17(1), Housing Act 1996 176 189(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (A) v Lambeth London Borough Council QBD 25-May-2001
The duty imposed by section 17 of the Act on local authorities to safeguard and promote the welfare of children is a general duty only, and is not capable of being enforced for the benefit of a particular child by way of judicial review. As a so . .
Cited by:
Applied – Regina (on the Application of J) v London Borough of Enfield and Another Admn 4-Mar-2002
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and . .
Cited – Regina (W) v Lambeth London Borough Council CA 3-May-2002
A family had been found to be voluntarily homeless. The family asked the authority to provide housing to the family under the 1989 Act from its duty to care for the children.
Held: The 1989 Act did not change the law in the 1980 Act. The . .
Appealed to – Regina (A) v Lambeth London Borough Council QBD 25-May-2001
The duty imposed by section 17 of the Act on local authorities to safeguard and promote the welfare of children is a general duty only, and is not capable of being enforced for the benefit of a particular child by way of judicial review. As a so . .
Lists of cited by and citing cases may be incomplete.
Housing, Children
Updated: 04 July 2022; Ref: scu.166833