Court Report: Claim for support denied
Friday, June 4, 2010
Case name: R (TG) v London Borough of Lambeth; Case number: EWHC 907 QB; Judge: Mr Justice McCombe; Location: High Court of Justice
The claimant had been accommodated by the housing department, on referral from his youth offending team, when he was 16-years-old. It was argued that as the local authority had previously provided him with accommodation, he ought to be recognised as a "former relevant child" and, therefore, be entitled to support from social services until the age of 24 if necessary.
The question to be answered in this case was whether at any point the claimant had been a "looked-after child" as provided in Section 22 of the Children Act 1989. In order to answer this question, it was necessary for the court to establish whether the accommodation for the claimant had been provided within the remit of the social services functions of the local authority.
Justice McCombe compared this case to both the case of R (M) v Hammersmith and Fulham LBC and the case of R (G) v Southwark LBC. He held that, as the youth offending team had referred the claimant to the housing department, social services had not been made aware of the claimant's needs, and thus this case was more similar to the case of R (M) v Hammersmith and Fulham LBC in which the claimant was not referred to the children's services department. The claimant had not been provided with services from social services and could not, therefore, be regarded as a "former relevant child". For this reason, the application for judicial review failed.
Other recent decisions
Case name R (C) v Nottingham City Council
Case number (2010) EWCA 501 Civ
www.familylawweek.co.uk/site.aspx?i=ed58391
Case name G (A Child)
Case number (2010) EWCA 470
www.familylawweek.co.uk/site.aspx?i=ed57928
