On need and gatekeeping - R (G) v Barnet London Borough Council; R (A) v Lambeth London Borough Council; R (W) v Lambeth London Borough Council [2004] CFLQ 331

This note examines the significant House of Lords' decisions on section 17(1) of the Children Act 1989 (CA 1989), and to whom the rehousing obligations of local authorities under the CA 1989 are owed. In particular, the note considers Lambeth's policy, which survived House of Lords' scrutiny, of offering accommodation only to children in need, without their family. It is argued that these decisions make the 'general duties' in section 17(1) irrelevant; also, paradoxically, housing legislation gives greater protection to households with children than the CA 1989.