- Interplay between housing duties and children’s services duties (R (on the application of J and another) v London Borough of Hillingdon  EWHC 3411 (Admin))
- Local Government analysis by Alexander Campbell, Barrister at Arden Chambers
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: Where a local authority is asked to provide accommodation to a parent and child under its housing obligations as well as, in the alternative, under its social services obligations, questions arise about what level of cooperation is required by the two departments when each is reaching a decision about its own obligations in a particular case. In this case, the High Court was called on to decide that issue. J and L applied to join Hillingdon’s housing register. The social services department, when asked to provide accommodation under section 17 of the Children Act 1989 (ChA 1989), declined to do so, relying on the fact that the current accommodation was tolerable in the short term pending a decision from the housing department. That decision was held to be unlawful because it failed to address what would happen if (as happened in this case) the housing department decided that it would not assist.
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