TW (claimant/appellant) v Essex County Council (defendant/respondent) & anr
Thursday 21 November 2024
By Appellant’s Notice filed on 9 August 2024, the Claimant appeals the order made by Upper Tribunal Judge Ward, sitting as a Judge of the High Court, sitting in the Administrative Court, dated 9 February 2024.
The Appellant challenged by way of judicial review the Respondent’s decision that he was not a former relevant child, its policy pursuant to which accommodation provided under the EYPP (now known as “Essex NEST”) is stipulated as being unavailable under section 20 of the CA 1989 with the result that children who are accommodated via this route are held to have “rejected” section 20 and, in the alternative, the Respondent’s decision not to exercise its discretion to treat the Applicant as a former relevant child.
Permission was granted on all grounds but the judicial review was dismissed, the judge agreeing with the Respondent’s position that arrangements made under EYPP / Essex NEST are not available under section 20 of the Children Act 1989 meaning that young people who are accommodated via EYPP / Essex NEST are not accommodated under section 20.
View hearing: