Evidence, Practice and Procedure: Judicial review, declarations and the accommodated child

The inability of the courts to provide a unified system of family justice is highlighted by Redcar and Cleveland Borough Council v Others (Re B) [2013] EWCA Civ 964 (the problems it demonstrates will not be altered by the new family court (see Matrimonial and Family Proceedings Act 1984 ss 31A-31O)). Grandparents were willing to accommodate their grandchild but considered that the local authority should pay them a foster allowance for so doing on grounds that she was accommodated with them (CA 1989 s 20). The local authority disagreed and refused to pay.

 The issue - whether the child was accommodated under s 20 - was tried by a district judge and on appeal by a circuit judge. Both agreed with the grandparents. It was only when the case arrived in the Court of Appeal that the court pointed out that the courts below had had no jurisdiction to deal with...

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