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Local authority – Statutory powers. The applicant for judicial review (J) had been assessed by the respondent local authority as being a child in need for the purposes of s 17 of the Children Act 1989. The family were fairground travellers and part of the Gypsy community. J was provided with nursery services as part of his child in need plan. The authority told the family that the services could not 'travel' with them. J's application for judicial review of that decision was successful. The Court of Appeal, Civil Division, dismissed the authority's appeal and held that, on a purposive construction of s 17 of the Act, a local authority had the power to provide services for a child in need who they had assessed, regardless of the circumstances which had led to that child being no longer physically present in the area of that local authority.
Local authority – Statutory powers. The applicant for judicial review (J) had been assessed by the respondent local authority as being a child in need for the purposes of s 17 of the Children Act 1989. The family were fairground travellers and part of the Gypsy community. J was provided with nursery services as part of his child in need plan. The authority told the family that the services could not 'travel' with them. J's application for judicial review of that decision was successful. The Court of Appeal, Civil Division, dismissed the authority's appeal and held that, on a purposive construction of s 17 of the Act, a local authority had the power to provide services for a child in need who they had assessed, regardless of the circumstances which had led to that child being no longer physically present in the area of that local authority.
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