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The precise cause or causes of BC being excluded from his

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發表於 2024-2-24 17:15:40 | 顯示全部樓層 |閱讀模式
The High Court also commented on the quality of BC’s accommodation while he was staying with his friend’s mother: “…the suggestion that the accommodation offered by K’s mother was suitable for BC is unsustainable by reason of its nature and precarious duration. Indeed, its duration was uncertain from day to day. Again, the council took no steps to visit K’s mother’s house and assess the suitability of that accommodation either… The council could not reasonably have concluded …that K’s mother’s house was suitable accommodation for BC”. Paragraph ; emphasis added “BC was clearly a child in need by September He was without suitable accommodation.


On any view, his health or development was likely to be significantly impaired, or further im Guangdong Mobile Number List paired, without the provision for him of accommodation by the council”.Paragraph ; emphasis added Moving to the question of whether BC’s mother was prevented from providing him with suitable accommodation and therefore falling within section c of the Children Act , the High Court recalled domestic case law  UKHL  which requires the widest possible scope to be given to this requirement: “home do not matter. It may well be that blame could be attributed to all parties. But on any view, BC’s parents were plainly prevented, whether or not permanently and for whatever reason, from providing him with suitable accommodation or care and in my judgment no local authority could reasonably have concluded otherwis.





Paragraph ;emphasis added The High Court rejected the council’s argument that BC wanted to live with K’s mother and concluded that BC had “expressed a clear wish to be accommodated by the council”. Were the arrangements made by the council, i.e., for BC to stay with his friend’s mother, made pursuant to section of the Children Act ? The High Court concluded that the arrangements made by the local authority i.e., for BC to stay with K’s mother pending his return home were made pursuant to section of the Children Act , i.e., as part of the council’s obligations under the Act, but only from October – the date when BC’s mother confirmed to the council he could not return home and when his social worker took him back to K’s mother’s house.
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