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R (G) v B London Borough; R (W) v Lambeth LB; R (A) v Lambeth LB [2003] UKHL 57

Judicial Review - Human Rights - Claimants contended that Children Act 1989, s 17 required local authority to assess needs of child who was in need and met his needs when they had been assessed - Section 17(1) imposed general and overriding duty to maintain level and range of services sufficient to enable local authority to discharge its function under Part III of 1989 Act

31 October 2003

hree appeals concerning the responsibilities of local authorities for the accommodation of children in need. The first issue on appeal related to the nature and extent of the duty imposed on local authorities by s 17 Children Act 1989. The claimants’ case was that s 17(1) required a local authority to assess the needs of a child who was in need and meet his needs when they had been assessed. The defendant local authorities refuted both limbs of that claim. The second issue on appeal was whether a local authority could insist on providing accommodation for a child alone, as distinct from a child and its mother, when a child was in need of accommodation and it would cost no more to provide accommodation for both of them. In R (G) v B London BC [2001] EWCA Civ 540 (G) and R (W) v Lambeth LBC [2002] EWCA Civ 613 (W), the accommodation problems of the claimants had been resolved since proceedings started but the appeals were being pursued because the question of principl...

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