It is important to remember that when it comes to selling services, you must deliver on your promises.
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.
Under section 3(1) of the Health and Safety at Work Act (HSWA) 1974, organisations are obligated to avoid public health and safety risks through the conduct of their business.
How does a media-savvy employer ensure a season of festive cheer but without mishap, damage to their reputation or harassment and bullying claims?
Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.