SJ & Anor, R (on the application of) v Surrey County Council
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HON. MR JUSTICE POPPLEWELL
Areas of Law
- Administrative Law
- Family Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
In this judicial review, the court examined the care provided by a local authority to two children, LJ and SJ, since 2010. The main issue was whether SJ was a 'child in need' under Section 17 of the Children Act 1989. Despite financial and accommodation support provided by the Defendant, SJ was ultimately deemed not a 'child in need.' The judicial review challenged this decision, arguing it was unreasonable and biased. The court held that the local authority's decision was within the range of reasonable responses.
Judgment
The Hon. Mr Justice Popplewell :
These judicial review proceedings are concerned with care and support services provided by the Defendant local authority to two children, brother and sister, since 2010. The siblings are referred to respectively as LJ and SJ to protect their anonymity. When the proceedings were commenced in November 2011, seeking urgent interim relief, the children were aged 16 and 15. The proceedings have a long and convoluted history. By the time of the hearing before me on 20 February 2014, LJ had attained adulthood. SJ is now 17. The main issue which remains to be decided is, to put it in broad terms, whether SJ’s present circumstances are such as to render her a “child in need” within the meaning of section 17 of the Children Act 1989 .
Chronology
In order to understand the arguments, it necessary to set out something of the history of the family and of the proceedings.
LJ was born on 28 May 1995. SJ was born on 13 November 1996.
Following the separation of their parents, both children lived with their mother in Wolverhampton prior to 2008. In 2008 LJ was sent to Jamaica to live with his uncle or maternal grandmother. SJ continued to live with her mother in Wolverhampton.
In January 2010 SJ fell out with her mother and went to stay briefly with JO, her adult sister, who lives in Epsom. After a fortnight or so, SJ then moved in with her father, who shared accommodation with his new wife and her teenage daughter in Islington. The mother moved to Jamaica in about March or April 2010.
In July 2010, as a result of tensions between SJ and her step-mother, SJ went to live with JO in Epsom. She was then a little over 13½. JO was at that time aged 26 and working as a probation officer in South London. She had twin boys, then aged 8 and a daughter then aged 2, by different fathers, neither of whom was living with her. The family lived in a three bedroom housing association accommodation. SJ shared a bedroom with her niece in a single box room, which was described as very cramped.
In August 2010, the Claimants’ mother MC was with LJ in Jamaica when she disappeared. LJ returned from Jamaica and went to live with JO in Epsom. He shared a bedroom with his twin nephews. The Defendant subsequently described the whole accommodation as cramped and having no space. From about August 2010 there was no contact with the mother in Jamaica, who was described as “missing” until she reappeared over two years later in about October 2012.
In Oc