Housing

Local authority finding mother and child not qualifying for accommodation as homeless persons - child in need - no obligation to provide accommodation or financial support to mother if not qualifying as homeless person with priority need and not entitled to housing benefit or income supportR (G) v Barnet London Borough Council: CA (Lords Justice Ward, May and Rix): 11 April 2001The applicant, a Dutch national of Somali origin, entered the UK with her son and sought assistance when homeless.

The local authority made an assessment under the Children Act 1989 and decided that the child was not in need because his long-term needs were best met by settled accommodation and full benefit entitlement available to the mother in Holland.

The authority made her an offer of a return fare to the Netherlands with the child, which she refused, and it offered to accommodate the child alone and to meet their needs for seven days while return preparations were made.

The applicant sought judicial review of the decision.

The judge found that the child was in need under section 17(10) of the 1989 Act; that it was in his best interests to live with his mother, and that the authority had no alternative but to place him with the mother under the 1989 Act.

The local authority appealed.

Michael Supperstone QC and Hilton Harrop-Griffiths (instructed by Borough Solicitor, Barnet London Borough Council) for the authority.

John Howell QC and Stephen Knafler (instructed by Bindman & Partners) for the applicant.Held, allowing the appeal, that there was no duty on a local authority under the Children Act 1989 to provide accommodation and financial support for the mother of a child in need when she was not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor to income support.