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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> AE, R (On the Application Of) v London Borough of Brent [2018] EWHC 2574 (Admin) (05 October 2018) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2018/2574.html Cite as: [2018] EWHC 2574 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, ![]() ![]() |
||
B e f o r
e :
(Sitting as a High Court Judge)
____________________
The Queen (on the application of ![]() | Claimant |
|
- and – |
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![]() ![]() ![]() ![]() ![]() | Defendant |
____________________
REID
(instructed by Duncan Lewis, Solicitors) for the Claimant
ZOE WHITTINGTON (instructed by Brent
Legal Services) for the Defendant
Hearing dates: 26 September 2018
____________________
VERSION
OF JUDGMENT APPROVED
Crown Copyright ©
HER HONOUR JUDGE EADY QC:
Introduction
i) Is the Defendant's position, that the Claimant and her children should be housed within a 60-minute journey of the Claimant's parents and the children's school: (i) unreasonable on Wednesbury grounds (Associated Provincial Picture Houses Ltd v
Wednesbury Corporation [1948] 1 KB 223); (ii) a breach of the Claimant's article 8
right
to a private and family life under the European Convention on Human
Rights
("the ECHR")?
ii) In any event, has the Defendant acted unreasonably by failing to make an offer of accommodation to the Claimant within the geographical area it has thus identified?
The Factual Background
"[The Claimant] and her children all suffer from significant disruption to primary attachment figures at crucial periods in their development. Attachment disruption is a powerful predictor of arange
of later social and cognitive difficulties and psychopathology."
"Every effort must be made to support therelationships
she has with her parents and extended family in order to support and
reinforce
the gains she has made in freeing herself from the psychological influenced that [her husband] had upon her and the catastrophic consequences that followed for herself and her children. Contact through What's App, Facebook or meeting with her family once a month will be insufficient to sustain the progress she has made in breaking free …"
Although referring
to the possibility of using social media to maintain contact, Dr Korzinski later
records
the
restrictions
on the Claimant in this
regard.
"The question of where [the Claimant] lives is inextricably linked with what is in the best interest of her children. Dr Sharon Pettle's 2014 [report]
stresses the importance of the
role
of the maternal grandparents in safeguarding the emotional social and psychological welfare of the children. I completely agree … [those] findings
remain
![]()
relevant
… in the here and now. It would put the children at
risk
if they were moved anywhere that interfered with or disrupted the unfettered access to their grandparents that currently exists. It is in the children's best interest to
remain
as close to where they are currently located. The mother herself needs considerable support from her parents and would also be less likely to be an effective single parent without their support. This would put the children at
risk.
Every effort should be undertaken to maintain and strengthen the system of support which is integral to the children's welfare. The children's system of attachment extends to the school where they are well grounded and integrated."
The Relevant
Legal Framework
"Section 17(1) provides that it is the general duty of every local authority:
"(a) to safeguard and promote the welfare of children within their area who are in need; and
(b) so far as is consistent with that duty, to promote the upbringing of such children by their families,
by providing arange
and level of services appropriate to those children's needs."
"(3) … may be provided for the family of a particular child in need or for any member of his family, if it is provided with aview
to safeguarding or promoting the child's welfare."
And the services provided:
"(6) … may include accommodation and giving assistance in kind or, in exceptional circumstances, in cash."
"(1) Everyone has theright
to
respect
for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this
right
except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the
rights
and freedoms of others."
"(1) Will the proposedremoval
be an interference by a public authority with the exercise of the applicant's
right
to
respect
for his private or (as the case may be) family life?
(2) If so, will such interference have consequences of such gravity as potentially to engage the operation of article 8?
(3) If so, is such interference in accordance with the law?
(4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of therights
and freedoms of others?
(5) If so, is such interference proportionate to the legitimate public end sought to be achieved?"
The Decisions Challenged
Oral Submissions, Discussion and Conclusions