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24 May 2007 / Esther Pounder
Issue: 7274 / Categories: Features , Child law
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Child Law Update

Private fostering v CA 1989, s 20(1)

In D v Southwark London Borough Council [2007] EWCA Civ 182, [2007] All ER (D) 110 (Mar) the local authority appealed against the decision of Mr Justice Lloyd Jones when, following an application for judicial review, he found that a child (S) had been looked after by the London Borough of Southwark pursuant to its statutory powers and duties under Pt III of the Children Act 1989 (ChA 1989) and that, accordingly, it was obliged to pay her carer (D) for her accommodation and maintenance.

During January 2004, S told staff at her school that her father had been violent towards her and that she did not wish to remain his care. Southwark social services was contacted and later the same day met with S and her father separately. S confirmed that she wished to go and live with D, her father’s former partner.

D was contacted by the local authority and asked whether she would care for S. D agreed. She was told at the time

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