Court Report: Pathway plans were inadequate
Monday, September 13, 2010
Case name: R (Birara) v London Borough of Hounslow; Case number (2010) EWHC 2133; Judge: Mrs Justice Dobbs DBE; Location: High Court of Justice
On turning 21, the local authority ceased to provide her with continuing support, this being their policy.
The claimant had arrived in the UK as an asylum seeker when she was 17-years-old and had been provided with accommodation and support in accordance with s.20 of the Children Act 1989.
While in the care of the local authority, the claimant had been assessed and pathway plans had been drawn up to set goals for her future.
The pathway plans recorded that the claimant had been learning English and wished to become a nurse. In 2008, the claimant had a son, which caused a break in her education and prolonged her need for support.
The two main questions to be answered in this judicial review were whether the local authority's pathway plans were adequate and whether the local authority had a continuing duty to provide support to the claimant once she had reached 21.
It was held that the pathway plans drawn up by the local authority were inadequate as they lacked detail. This was due to incorrect assumptions that the local authortiy had made about the claimant's immigation status.
In addition, the court held that the local authority had failed to have adequate regard to whether it could act outside of its policy and provide support beyond the age of 21 given the circumstances of the case.
OTHER RECENT DECISIONS
Case name Butt v Butt
Case number (2010) EWHC 1989
www.familylawweek.co.uk/site.aspx?i=ed63483
Case name Re GR (Children) & others
Case number (2010) EWCA Civ 871
www.familylawweek.co.uk/site.aspx?i=ed63478
