Case Law
*R (on the application of H) v Wandsworth London Borough Council / R (on the application of Barhanu) v Hackney London Borough Council / R (on the application of B) v Islington London Borough Council
Case date: 23 April 2007
These three cases were applications for judicial review. The applicants in each case were children, seeking asylum and on their own. In each case, issues came up regarding:
(i) whether the children could be treated as a ‘former relevant child’, which would mean that they were eligible for services and/or support under the Children (Leaving Care) Act 2000 (the ‘leaving care provisions’).
The sticking point was whether the fact that the children had been ‘looked after’ for more than the given period of 13 weeks.
(ii) whether the relevant government circular gave wrong advice about the law which covered a local authority’s assessment of unaccompanied asylum-seeking minors, that were within their control, and needed housing. (The relevant government circular was ‘Local Authority Circular No Lac (2003) 13’ (LAC(2003)13).)
With regard to point (i) above, the court had to decide on the following situation.
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