A mother of three has failed in her attempt to use the Children Act 1989 to sidestep local authority housing laws in a bid to secure better housing for her and her children, two of whom are autistic.
The mother, who for legal reasons cannot be named, asked the Court of Appeal to rule that local authorities are under a duty to provide children with suitable accommodation under section 17 of the 1989 Act. The Act imposes a duty to safeguard and promote the welfare of children in need by providing the appropriate range and level of services.
Dismissing her appeal against an earlier High Court ruling, the court has found that housing does not come under the duties imposed by section 17, and that separate housing legislation provides the rules for meeting the accommodation needs of families with children.
A v Lambeth London Borough Council Court of Appeal (Chadwick and Laws LJJ and Sir Philip Otton) 5 November 2001.
PLS News 6/11/01
