Accommodating children under section 20—best practice

Produced in partnership with Ruth Cabeza of Harcourt Chambers
Practice notes

Accommodating children under section 20—best practice

Produced in partnership with Ruth Cabeza of Harcourt Chambers

Practice notes
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Note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments. For further reading on the position in Wales, see Practice Note: local authority powers and duties to provide accommodation for children in Wales.

Parental Consent is not a requirement for accommodation under section 20

In the final chapter of the trilogy of london borough of Hackney v Williams the Supreme Court has dismissed the appeal against the decision of the Court of Appeal, confirming that the application for damages under the Human Rights Act 1998 (HRA 1998) should have been dismissed, albeit for reasons which are rather different from those of the Court of Appeal. Lady Hale handed down the lead judgment with which all the Supreme Court Justices Agreed. Her judgment thoroughly reviews previous guidance and at paras [38]–[52] set out a comprehensive and accessible explanation of the framework, meaning and effect of the various provisions

Ruth Cabeza
Ruth Cabeza chambers

I am a self employed barrister specialising in family practicing from Field Court Chambers London, where I have been a tenant since 2001. My practice has always included matrimonial finance, public law children and adoption and private law children. Presently the majority of my instructions in all areas of my practice involve an international element. I also act in cases where a child has suffered very serious injuries. In the last few years I have been pleased to develop an appellate practice and have acted in several appeal cases where I have not been instructed at first instance, including a complex second appeal to the Court of Appeal in 2015. I have been instructed as an expert on the application of international adoption law in public law children cases. I am an experienced speaker at lectures and conferences on child law matters, particularly international adoption and international surrogacy law, which are areas that I have particular expertise in. I regularly contribute articles to key legal journals on topical legal issues.

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Jurisdiction(s):
United Kingdom
Key definition:
London borough definition
What does London borough mean?

A single-tier council responsible for the delivery of all services for a defined area within Greater London, established by the London Government Act 1963.

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