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 called target duty decisions made by the local authority pursuant to it were not open to challenge by review. Other sections may give rise to specific duties which might be so challenged, but not the general obligation.
courtcommentary.com Duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family
Judges:
Baker
Citations:
Times 03-Jul-2001, CO/3698/2000, (2001) LGR 513
Links:
Statutes:
Citing:
Appealed to – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
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 . .
Cited by:
Cited – 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 . .
Appeal from – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government, Judicial Review
Updated: 09 April 2022; Ref: scu.85947