Local Authority unlawfully caring for child for four years (section 20 abuse) | By @suesspiciousmin 

Thank you @suesspiciousmin for this important read for IROs and all.

This matter concerns child CD – section 20 accommodated on 14th October 2009. On 28 March 2010, the mother wrote to the local authority formally to withdraw her consent to CD remaining accommodated.  The local authority did not act on this withdrawal of consent and, instead, advised the mother to seek legal advice.

What happened next? How did the IRO address the issues? This matter sadly makes for grim reading and we can expect more to come.


Hereford will now be waiting to see what the Supreme Court decide in Hackney about human rights claims arising from section 20 misuse.  These are very bad ones.  If HRA claims are still going after Hackney, expect this to break all records.

Read at source: Local Authority unlawfully caring for child for four years (section 20 abuse)

Read the full judgement at source: Herefordshire Council v AB 2018

To read more blogs by SUESPICIOUS MINDS visit: About SUESPICIOUS MINDS Law, nonsense, and the nonsense of law

Related reading

For the judgment, prefaced by a  summary by Anita Rao of Field Court Chambers please click here.

Giving judgment in the matter of the misuse of section 20 CA 1989: Keehan J deprecates “two of the most egregious abuses of section 20 accommodation” 

Other interesting reads

Contact: a point of view: NAGALRO Annual Conference 2018 – Keynote Address by Lord Justice McFarlane | 19 March, 2018

The state is removing more children from their families than at any time since the 1980s: The troubling surge in English children being taken from their parents

Increasing demand for support is leaving some councils on the financial brink: DfE ‘examining children’s services funding’, Zahawi reveals

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