R (on the application of M) v Lambeth London Borough Council; R (on the application of A) v Croydon London Borough Council

Case date: 20 June 2008

The claimants appealed against the local authorities’ assessments that they were over 18 years of age and therefore unable to rely upon the provisions of section 20 of the Children Act 1989.

Section 20 of the Children Act 1989 was concerned with the provision of accommodation by local authorities to any 'child in need' (CIN) in their area. Section 20(1) stated that accommodation was to be provided if the relevant authority was of the view: (a) that there was no person who had parental responsibility for the child; (b) that the child was lost or had been abandoned; or (c) that the person who had been caring for the child had been prevented from doing so, whether temporarily or permanently, and for whatever reason. By virtue of section 105 of the 1989 Act, a 'child' was a person under the age of 18, and a CIN was, under section 17(10), 'in need', if: (a) he was unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by the authority; (b) his health or development was likely to be significantly impaired, or further impaired, without the provision to him of such services; or (c) he was disabled.