M, R (on the application of) v Birmingham City Council

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 190 Fleet Street, London EC4A 2AG Tel No: 020 7404 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Kate Markus (instructed by Public Law Solicitors) for the Claimant Nicholas O'Brien (instructed The Council's Legal Department ) for the Defendant Hearing dates: 7 and 8 July 2008 ____________________

i) Generally and obviously it is a power to enable local authorities to provide the support referred to in the circumstances referred to.

ii) In exercising that power the local authority must do so in furtherance of the fundamental underlying aim of the Children Act 1989 to promote the welfare of children and should have regard to aims and approach referred to in paragraph 21 hereof.

i) The circumstances in which, and the background against which, a residence order is made. In some cases those circumstances and background will found the conclusion that it should be considered whether or not make a residence order allowance and in others they will not.