Source: All England Reporter
Publisher Citation: [2002] All ER (D) 209 (Mar)
Court: Administrative Court

Elias J

Representation Kate Markus (instructed by Bindman & Partners) for the claimant.
  Bryan McGuire (instructed by John Cawston) for the authority.
  Philip Sales (instructed by the Treasury Solicitor) for the Secretary of State, as intervener.
Judgment Dates: 4 March 2002


Local authority - Statutory duty - Statutory duty owed in relation to the welfare of children - Provision of services for children in need - Family seeking to be re-housed - Claimant overstaying in United Kingdom - Whether authority's duty to safeguard and promote welfare of children empowering or encompassing provision of finance to secure accommodation for the claimant and her child - Whether any power to provide such assistance to overstayers - Whether body of legislation incompatible with claimant's human rights - s 21 - s 17 - ss 2, 3.

The Case

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