Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles

LOCAL AUTHORITY: R (AC) v Birmingham City Council [2008] EWHC 3036 (Admin)

Sep 29, 2018, 16:12 PM
Slug : r-ac-v-birmingham-city-council-2008-ewhc-3036-admin
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 18, 2008, 04:21 AM
Article ID : 84879

(Queen's Bench Division (Administrative Court); Charles J; 18 November 2008)

The mother and the eldest child had arrived from Jamaica on 6-month visas; their applications to extend their stay were refused. However, nothing was done to remove the mother and child, and the mother went on to have three more children with a British father. After being in England for 7 years the mother applied for indefinite leave to remain on the basis of the Secretary of State's policy respecting children who had been in the UK illegally for more than 7 years. The Home Office had not yet made a decision. After the mother separated from the British father, she sought support from the local authority. It was accepted that the children were children in need, but the authority decided not to make payments under Children Act 1989, s 17 and potentially s 20, but instead to fund the return of the mother and all the children to Jamaica. The mother sought judicial review of that decision.

Granting judicial review, the local authority had erred in failing to take account of the reasons underlying the Secretary of State's policy concerning children in the UK illegally for more than 7 years; it was not bound by that policy, but it was required to have regard to the reasons underlying the policy. Absent such an approach, there would be a lack of consistency in decision-making by public authorities as to the relevant central point, namely had there been a breach of Convention rights in respect of a family with a child or children who had been in the UK for 7 years. Careful consideration should be given in such cases to joining the Home Office in an attempt to ascertain the Secretary of State's views in an individual case. That would reduce the risk of relevant central and public authority decision-makers reaching different conclusions and could bring to an end expenditure of much needed public money by local authorities in cases of expenditure in respect of persons in the jurisdiction unlawfully who would not be given leave to remain.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from