We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
NAFP, a not-for-profit organisation which represents independent and voluntary sector fostering providers, is seeking to challenge the Councils’ compliance with their duties under the Children Act 1989 (the “Act”). Section 22C(5) of the Act imposes a duty on the Councils, as local authorities, to place looked after children in the “placement which is, in their opinion, the most appropriate placement available”.
NAFP are seeking to challenge the Councils’ compliance with this duty on the basis of the Councils’ alleged failure to adopt a ‘level playing field’ approach where placements are considered with both in-house and independent and voluntary sector providers. NAFP are of the view that unless the Councils consider both in-house and independent and voluntary sector providers at the same time when determining the placements of looked after children that they are failing in their duty to find “the most appropriate placement available”.
In granting permission the Court observed that:
“Section 22C(5) of the Children Act 1989 imposes an important duty on authorities in the position of the Defendant and the Claimant has…shown sufficient grounds to permit the claim to proceed to a substantive hearing.”
Harvey Gallagher, Chief Executive of NAFP, said:
“We want to ensure that every child in care gets not just a good placement, but the placement that is right for them, the placement that can best meet their needs more than any other. Our concern is that the current placement finding processes used by many local authorities, including the Defendants, is unlawful and means that children will be missing out and may not get the very best home we can offer them. This has to change so that we are able to do better for children in care and give them the best possible opportunity to thrive in a loving home.”
Cynyr Rhys, of Anthony Collins Solicitors, said:
“Despite the Defendants robustly defending our client’s application, we are pleased that the Court has granted permission thereby recognising that this is an issue that merits further judicial consideration. The Defendants, together with other local authorities, exercise a fundamentally important duty under the Children Act 1989 which affects some of the most vulnerable children in society. Therefore it is crucial to ensure that the Defendants are exercising their duty correctly”.
For more information
Contact Cynyr Rhys.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
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