Source: All England Reporter
Publisher Citation: [2007] All ER (D) 158 (Sep)
Court: Queen's Bench Division (Administrative Court)
Judge:

Burton J
Representation Ian Wise (instructed by Bhatia Best, Nottingham) for the claimant.
  Leslie Samuel (instructed by David Spicer, Nottingham) for the local authority.
Judgment Dates: 26 September 2007

Catchwords

Housing - Homeless person - Duty of housing authority to provide accommodation - Children in need - Child provided with bed and breakfast accommodation - Whether provision of accommodation rendering child 'looked after' child - Whether child appearing to be in need of accommodation - Whether carer prevented from providing accommodation - , ss 20(1)(c), 22, 23A(2).

The Case

Housing Homeless person. In all the circumstances, she had 'appeared to require accommodation' for the purposes of s20(1) of the . Furthermore, on an approach, not of law, but of fact and common sense, without an assessment, but looking at the case notes, it was plain that the claimant's mother was 'prevented' from providing her with accommodation within the meaning of s20(1)(c) of that Act due to the assault on her by the claimant and by the fact that their relationship had so badly broken down that the mother was not prepared to accommodate the claimant, and the claimant was not prepared to be accommodated by her mother. Such was not a question of choice, but rather the force of events. Accordingly, the claimant had been a relevant child.

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