The grounds of challenge
85. Three grounds of challenge were advanced by the Claimant in the judicial review proceedings begun on 22 December 2016, following letters before claim dated 7 and 21 December raising substantially the same issues and seeking disclosure of all relevant material: (1) The Council was in breach of its duty under s. 20 in seeking to accommodate K with his uncle in October 2017; (2) The Council has wrongly refused to acknowledged that K is a FRC within s. 23C of the 1989 Act which gives rise to specific duties to facilitate K’s transition into adulthood; (3) Alternatively to Ground 2, if K was not a FRC then the Council has failed to consider whether to treat him as such within its discretion. 86. For the reasons I set out below, the judicial review succeeds on Grounds 1 and 2 and I do not need to deal with Ground 3 since it is an alternative to Ground 2.
- Hearing date: 1 May 2018
- Introduction
- Secretary of State for the Home Department
- Duty of candour
- R (Quark Fishing Limited) v Secretary of State for Foreign and Commonwealth Affairs
- R. (Midcounties Co-operative Ltd) v Forest of Dean DC
- Relevant law
- Provision of accommodation for children: general
- local authority in relation to children looked after by them.
- R. (G) v Southwark LBC
- R (A) v Croydon LBC
- R (G) v Barnet LBC
- R (O) v London Borough of Lambeth
- Continuing functions in respect of former relevant children
- R (D) v Southwark LBC
- GE (Eritrea
- R(Birara) v Hounslow LBC
- R (M) v Hammersmith & Fulham LBC
- Facts
- ACCOMMODATION and HEALTH AND SAFETY OF THE HOME
- McDonald v RBKC
- The grounds of challenge
- Ground 2
- G v Southwark
- R. (Collins) v Knowsley MBC
- D v. Southwark
- Southwark
- GE (Eritrea)
- Ground 3
- Simplex GE (Holdings) Ltd v Secretary of State for the Environment
- R (BC) v Birmingham CC