Source: All England Reporter
Publisher Citation: [2010] All ER (D) 49 (May)
Neutral Citation: [2010] EWHC 848 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge: Black J
Representation Patrick Roche for the claimant.
  Nicholas O'Brien for the defendant.
Judgment Dates: 7 May 2010

Catchwords

Local authority - Statutory duty - Children - Duties of local authority to child being looked after by relative - Claimant child being placed with maternal grandmother (relative) - Defendant local authority providing relative with financial support for limited period of time - Child claiming to be 'looked after child' with consequence that relative entitled to greater support from authority - Status of child vis-à-vis authority - Consideration of duties of authority in relation to child and whether and how those duties being discharged - ss 17, 20, 22, 23.

The Case

Local authority Statutory duty. In the instant judicial review, the Administrative Court considered the issue of the status of the claimant child vis--vis the defendant local authority against authorities such as R (on the application of D) v A Local Authority (see[2007] All ER (D) 110 (Mar)) and H (a child) (care: local authority), Re (see[2003] All ER (D) 250 (Nov)). In terms of orders, inter alia, a declaration was granted that the child was, and had been at all times whilst in the care of her maternal grandmother, a looked after child.

The judgment for this case is forthcoming.

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