R (G) v Barnet London Borough Council; R (W) v Lambeth London Borough Council; R (A) v Same
| Jurisdiction | England & Wales |
| Judgment Date | 11 April 2001 |
| Neutral Citation | [2001] EWCA Civ 540 |
| Date | 11 April 2001 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Ward, Lord Justice May and Lord Justice Rix
Children - child in need - no duty on council under Children Act to provide accommodation for mother and child
There was no duty on a local authority under the Children Act 1989 to provide accommodation and financial support for the mother of a child in need when she was not entitled to housing under the Housing Act 1996 nor to housing benefit nor income support.
The Court of Appeal so stated in a reserved judgment when allowing an appeal by the London Borough of Barnet against a decision of Mr Justice Hooper on January 18, 2001. The judge had allowed an application by G for judicial review of the local authority's decision to refuse to provide her with accommodation and financial support under the 1989 Act.
G was a Dutch national of Somali origin, resident in Holland with her mother for seven years, until she entered the UK in June 2000 with her son B. She stayed with a friend then applied for local authority housing but failed the habitual residence test and was ineligible for income support and housing benefit.
She gained emergency accommodation and subsistence for herself and B pending an assessment whether the authority owed a duty under the 1989 Act. The assessors concluded that the child was not in need because his long-term needs were best met by settled accommodation and full benefit entitlement available to the mother in Holland.
The authority made her an offer of a return fare to Holland with the child, which she refused. It offered to accommodate B alone and to meet their needs for seven days while return preparations were made. The mother could approach the authority if her circumstances changed.
She applied for judicial review of that decision. The judge found that the child was in need under section 17(10) of the 1989 Act; that it was in his best interests to live with his mother and that the authority had no alternative but to place him with the mother under the 1989 Act.
Mr Michael Supperstone, QC and Mr Hilton Harrop-Griffiths for Barnet; Mr John Howell, QC and Mr Stephen Knafler for G.
LORD JUSTICE WARD said that the appeal gave rise to important questions about the obligations of a local authority under the 1989 Act to provide accommodation and financial support for a child in need in its area when the mother herself was not entitled to housing for the...
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