July 2014 Children Act & Duty to Accommodate Parents

A woman had sole care of her two children aged 7 & 3. She had been granted discretionary leave to remain with no recourse to public funds.

They became homeless and applied for assistance under Section 17 of the Children Act to Harrow Council. The council maintained that they only had a duty to maintain the children under Section 20.

The court found that the obligation which the council owed to the applicant by virtue of R (G) v Barnet LBC 2003 engaged Article 8 of the Human Rights Act (right to family life). As a result the assessment was unlawful for failing to take into account the applicant’s Article 8 rights (R {PK} v Harrow Council 2014).

Contrast  Contrast : NormalContrast : Increase (For Dyslexic Users)     Font size   Font size : SmallFont size : MediumFont size : Large
News image