CO, R (on the application of) v Surrey County Council
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HON. MR JUSTICE POPPLEWELL
Areas of Law
- Family Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case revolved around whether a 10-year-old girl with multiple diagnoses was considered a 'looked after' child under the Children Act 1989 when she moved in with her grandmother. The court ruled that the local authority's involvement meant it was an accommodation under s.20, thereby granting her 'looked after' status. The court emphasized that local authorities must clearly communicate financial and legal consequences if facilitating private family arrangements.
Judgment
The Hon. Mr Justice Popplewell :
Introduction
The Claimant (“C”) was born on 2 July 1999. At the material time, in the autumn of 2009, she was aged 10. She has a diagnosis of Asperger's Syndrome, Severe Anxiety, ADHD and Oppositional Defiant Disorder.
The principal issue in this case is whether it is correctly contended on her behalf that when she went to live with her maternal grandmother in November 2009, that amounted to the Defendant local authority (“the LA”) providing accommodation for her as a “looked after” child under s.20 and s.23(2) of the Children Act 1989 . The LA contends that it was exercising its duties under s. 17 of the Children Act 1989 and merely facilitating a family arrangement which was not the fulfilment of a duty under s. 20 and/or was a placement pursuant to s.23(6).
C is the middle child of three siblings who were living with their mother (“M”). C and her older sister (“G”) were born to the same father, from whom M separated and who plays no part in this case. C’s younger sibling (“H”) is a step-brother born to a different father (“RM”). M had separated from RM at the relevant time but he plays a part in the relevant events as H’s father. M’s mother, C’s maternal grandmother (“GM”), was in a stable long term relationship with M’s stepfather, C’s step grandfather, (“SGF”).
The Law
Under s. 17 of the Children Act 1989 a local authority has a general duty to safeguard and promote the welfare of children within its area who are in need. It is common ground that C was a child in need as defined by ss. 17(10) and (11). Section 17(6) permits the general duty to be fulfilled by providing accommodation, assistance in kind or, in exceptional circumstances, in cash. Section 17(3) permits the provision of the services to any member of the family of a child in need if provided with a view to safeguarding or promoting the child’s welfare.
The relevant parts of sections 20 , 22 and 23 of the Act in force in 2009 provided as follows:
“LOCAL AUTHORITY SUPPORT FOR CHILDREN AND FAMILIES
20 Provision of accommodation for children: general.
(1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—
(a) there being no person who has parental responsibility for him;
(b) his being lost or having been abandoned: or
(c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from provid