Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them.
Held: Under the 2000 Act a duty was owed to a ‘former relevant child’ – a person who had been looked after by the local authority for 13 weeks before attaining 18 and was eligible at that time. ‘Looked after’ included having had accommodation provided. Exceptions were spelt out in the Regulations, and there was no need to add a gloss to the combined definition. It did no disservice to the definition to count the applicants as former relevant children, and the duty to assist applied to them.
Judges:
Sullivan J
Citations:
Times 22-Sep-2003, Gazette 16-Oct-2003, [2003] EWHC 2075 (Admin)
Links:
Statutes:
Children (Leaving Care) Act 2000 2, Children Act 1989 19B(2) 23C(1), Children (Leaving Care) (England) Regulations) 2000 (200 No 2874)
Jurisdiction:
England and Wales
Cited by:
Cited – Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills Admn 15-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Children, Local Government
Updated: 04 November 2022; Ref: scu.186340
