B v London Borough of Lewisham & Anor, Court of Appeal - Administrative Court, April 17, 2008, [2008] EWHC 738 (Admin)

Reporting Judge: [2008] EWHC 738 (Admin)

President: B v London Borough of Lewisham & Anor

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Extract

B v London Borough of Lewisham & Anor, Court of Appeal - Administrative Court, April 17, 2008, [2008] EWHC 738 (Admin)

Neutral Citation Number: [2008] EWHC 738 (Admin)

Case No: CO/1048/2007

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 17/04/2008

Before:

THE HONOURABLE MRS JUSTICE BLACK

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Between:

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Stephen Knafler (instructed by Morrison Spowart) for the Claimant

Bryan McGuire (instructed by Lewisham Legal Services) for the Defendant

Nicholas Bowen (instructed by Lomax Lloyd-Jones) for the Interested Party

Hearing date: 14th March 2008

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Judgment

Black J:

1. These proceedings concern the provision of financial support for a special guardian under sections 14A - F of the Children Act 1989 and the Special Guardianship Regulations 2005.

2. The Claimant (``the grandmother'') seeks judicial review of the decision of the Defendant (``the local authority'') as to the level of financial support that they will pay to her as the special guardian of her granddaughter, Mary, and of the legality of their Special Guardianship Allowance Scheme generally. Mary is the Interested Party in the judicial review proceedings. She appears through her litigation friend who was her guardian in the care proceedings which were commenced not long after Mary's birth.

3. Burton J considered the papers in October 2007 and ordered that the application for permission to commence judicial review proceedings should be adjourned into open court to be heard inter partes with the application for judicial review to follow immediately if permission was granted. By the time of that consolidated hearing in front of me, it was clear that there was an arguable case which merited full investigation and accordingly I granted permission at the outset. This judgment deals with the substantive judicial review.

The facts

4. Mary was born on 11 May 2005 and is just under 3 years old. She has lived with the grandmother since she was 6 months old. Also living with the grandmother are the grandmother's 18 year old son and her 12 year old grandson, P, who is Mary's half brother. Mary's mother is unable to look after her children herself because of her personal problems, including drug and alcohol misuse.

5. P has lived with the grandmother since she was a baby. There is a residence order securing the arrangement. The local authority made an initial grant of £3,000 whic...

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