Court Report: Definition of a looked-after child
Monday, July 19, 2010
Case name: SA v KCC; Case number: [2010] EWHC 848 (Admin); Judge: Mrs Justice Black; Location: High Court of Justice
The case involved a judicial review brought against a local authority by a 15-year-old girl known as A.
The local authority, after establishing A's parents were unable to care for her, contacted A's grandmother to ask if she could live with her.
The local authority then made the necessary arrangements for A to move in with her grandmother.
The local authority recognised A as a child in need as provided in Section 17 of the Children Act 1989.
However, it did not recognise A as a looked-after child as defined in Section 22 of the 1989 Act.
This distinction had a significant impact on the amount of money that the grandmother received from the local authority each week and the obligations of the local authority to provide continuing support for the claimant.
Providing accommodation
The question to be answered was whether the grandmother could be held to be providing accommodation for A on behalf of the local authority, as defined in Section 22(1)(b) of the Children Act 1989.
The court held that A ought to be recognised as a looked-after child as defined by the 1989 Act.
This was due to the fact that the local authority had placed A with her grandmother in accordance with Section 23(2) of the Act, which allows local authorities to provide accommodation and maintenance for any child that they are looking after by placing the child with a relative.
