Source: All England Reporter
Publisher Citation: [2002] All ER (D) 408 (Nov)
Court: Administrative Court

Crane J

Representation Stephen Knafler (instructed by Edward Duthie) for the claimant.
  Richard Clough (instructed by Edell Jones Lessers) for the first defendant.
  Clive Jones (instructed by Colin Wilson) for the second defendant.
Judgment Dates: 27 November 2002


Children - Child in need - Local authority - Accommodation - Duty of local authority - s 17.

The Case

The physical presence test, applied in the case of R (on the application of Stewart) v Wandsworth London BC, had been the correct test to be imposed in respect to the imposition of a duty under s17 of the . While there were no formal guidelines or arrangements adopted to assist authorities in such circumstances, where more than one authority was involved, co-operation was important. Furthermore, it was also important that authorities should not seek to pass responsibility for children on to other authorities. It was vital in cases involving children, that the needs of those children were given consideration, and that arguments between authorities did not hold up the provision of such services. It followed that attention needed to be given to a structured approach between authorities.

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