The Public and Third Sector Law Reports
[2024] PTSR 243
King’s Bench Division
Rex (ECPAT UK (Every Child Protected Against Trafficking)) v Kent County Council and another
Rex (Brighton and Hove City Council)
v
Secretary of State for the Home Department
Rex (Kent County Council)
v
Secretary of State for the Home Department
[2023] EWHC 1953 (Admin)
2023 July 20, 21; 27
Chamberlain J
Children— Children in need— Duty to provide accommodation— Secretary of State and local authority agreeing protocol whereby authority responsible for care of capped number of newly arriving unaccompanied asylum-seeking children— Secretary of State adopting national transfer scheme for transfer of responsibility for unaccompanied asylum-seeking children between local authorities— Whether local authority breaching statutory duties by failing to accommodate and look after all such children in its area— Whether protocol unlawful— Whether practice operated under national transfer scheme ultra vires— Whether Secretary of State having power to direct local authorities to comply with national transfer scheme— Whether Secretary of State having power to accommodate children in need in hotels—
Children Act 1989 (c 41), ss 3(5), 17, 20, 22
[1]
—
Human Rights Act 1998 (c 42), ss 3, 6, Sch 1, Pt I, arts 2, 3
[2]
—
Immigration Act 2016 (c 19), ss 69, 72
[3]