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It is not for the local authority to decide that, because they do not like what the duty to accommodate involves or do not think it appropriate, they do not have to accommodate at all. Section 20(1) entails a series of judgments, helpfully set out by Ward LJ in R (A) v Croydon London Borough Council [2008] EWCA Civ 1445, at para 75. There are hints of this in the social worker’s view that “ A is quite a resourceful teenager - by his own admission he has spent the last 1 - 2 months moving around amongst friends and girlfriends and sourcing his own accommodation. “ But it cannot seriously be suggested that a child excluded from home who is “sofa surfing” in this way, more often sleeping in cars, snatching showers and washing his clothes when he can, is not in need.Furthermore, it appears that A has attempted to adhere to his own values around personal hygiene despite these circumstances. Mr Brims also pointed out that “ A’s lack of permanent housing will have a long term impact upon his educational attainment and will also impact upon other practical areas of his life. The Legal Basis for Kinship Placements For kinship care placements the two main legal bases will be a child for whom the local authority is as follows: Permanence Orders and adoption will become relevant when considering longer term plans for such children.3. These are the kinship carers who must be approved in terms of the Looked After Children Regulations.2.

This should include an identified lead within the local authority for developing policy and monitoring progress.

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” but “does this child require to become a ‘looked after’ child with all that that entails? First and foremost, it involves reading into the section words which are not there. In this case it is common ground that A is a child in need, essentially because he is homeless.

Second, Parliament has decided the circumstances in which the duty to accommodate arises and then decided what that duty involves. That was the issue in the Croydon case (in which leave to appeal has been granted) but it is not an issue in this. It is, perhaps, possible to envisage circumstances in which a 16 or 17 year old who is temporarily without accommodation is nevertheless not in need within the meaning of section 17(10): perhaps a child whose home has been temporarily damaged by fire or flood who can well afford hotel accommodation while it is repaired.




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