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Para of EWCA Civ Additionally, the High Court accepted BC’s explanation as to why he was unable to seek legal advice until , i.e., he did not know that council had acted unlawfully or that he could challenge the way he had been treated and was “trying to survive”. It wasn’t until July that BC’s psychologist referred him for independent legal advice. Even after BC’s solicitors became involved, the council refused to provide the requested documentation, insisting that BC should make a subject access request under the Data Protection Act In summary, BC’s claim was successful, and the High Court made the following declarations.
By September , the local authority owed BC a duty under section of the Children Act to prov Guangdong Mobile Number List ide him with accommodation. The arrangements made by the council for BC to stay with his friend’s mother were arrangements made pursuant to section of the Children Act BC has therefore acquired the status of “a person qualifying for advice and assistance” under section of the Children Act This claim focused on determining at which date the local authority became responsible for the young person pursuant to section of the Children Act and which if any leaving care statutory duties consequently applied. No relief remedy was sought in connection with the local authority's failure/s to act in accordance with section earlier.

Advocates play a vital role in informing children and young people about their right to seek and access independent legal advice to help them make informed decisions about pursuing justice, including relief, through the courts e.g., judicial review, negligence claim, Human Rights Act claim. You can read the full judgment here: BC, R On the Application Of v Surrey County Council EWHC Admin December Learn more: -- Summary of the landmark Southwark judgment - For information about different ‘categories of care leavers’ and the corresponding leaving care entitlements, please see information from our advocacy clinic on care leaver’s rights and the ‘leaving care page on rightschildren. CategoriesCare leavers, Children Act TagsCare leavers, Children Act , Children's rights, Children's social care Post navigation Children’s rights legal digest – January infoarticleorg.
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