Children

In cases following R (on the application of G) v Southwark London Borough Council [2009] 3 All ER 189, the claimant had to state a clear wish for action under s 20 of the Children Act 1989 (CA 1989)—the duty to accommodate children in need.

Not only would the wishes of the child have to be ascertained, but due consideration had to be given to them (s 20(6)). It would be an unlikely case where the local authority would be able to oblige a competent 16/17-year-old child to accept a service which he did not want. In a case of the type in R (on the application of M) v Hammersmith and Fulham London Borough Council [2008] 4 All ER 271, the position was different.

The essence of the decision in M was that the duty to accommodate was not triggered until the child came to the attention of the division of the authority responsible for children’s