No short cut – Liverpool City Council v Hillingdon LBC

01 Jan 2018

Health and Social Care

This case was heard in the Court of Appeal on 10 February 2009.

The judgement was that a social services department cannot simply ascertain a child’s wish to be in the area of another local authority and deliver him there. To do so is ineffective to discharge its assessment duty owed under section 20 of the Children Act 1989. Ascertaining wishes and feelings under section 20 (6) of the Children Act 1989 is only a part of, and not a substitute for, a section 20 assessment. On the facts of this case the responsibility remained with the first authority only, Hillingdon. These conclusions were reached by the Court of Appeal in Liverpool CC v Hillingdon LBC [2009] EWCA CIV 43 (10th February 2009, Rix, Dyson and Wilson LJJ)

Bryan McGuire and Peggy Etiebet acted for Liverpool City Council

For a fuller report on the case, click here.