| 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.
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