Homeless Child Lawfully Housed Under Part 7 of the Housing Act 1996 in 2011??!!??
The Garden Court Chambers bulletin for 25 October 2011 reports the strange Judicial Review decision in the case of R(B) v Nottingham CC  EWHC (Admin)  All ER (D) 180 (Oct) where it is reported that the claimant was a pregnant girl aged 16. Her mother was not prepared to accommodate her and the expected baby. The claimant sought assistance with accommodation and was provided with a place in a specialist unit for pregnant teenagers under the homelessness duty in Housing Act 1996 section 193. She sought judicial review of decisions by the council’s social services department not to treat her as a ‘child’ to whom it owed duties under Children Act 1989 sections 17-20. Her claim was dismissed. The council had been entitled to find that she was not a ‘child in need’ and that she had suitable accommodation in the unit.
This case seems to me to be wrongly decided and is crying out for appeal. This is because the previous House of Lords R (G) v Southwark  UKHL 26 (See Nearly Legal Post for Summary) made it as clear as I thought it could be made that homeless teenagers should not be dealt with under the Housing Act 1996 but under the Children Act 1989. In this new case it seems that the coucncil housed a 16 year old under the Housing Act 1996 and got away with it. Maybe I am missing something. I don’t think a full report is avaiable yet.
If anyone can shed any light I would be very grateful for a comment here or an email to me at email@example.com.