L, R (on the application of) v Nottinghamshire County Council

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Mr I Wise (instructed by Bhatia Best, Nottingham 6) appeared on behalf of the Claimant Mr L Samuel (instructed by the Legal Department for Nottinghamshire County Council) appeared on behalf of the Defendant ____________________

It is common ground that if she a former relevant child, by virtue of findings I make with regard to what was her status as between her and the defendant between 15 and 21 September 2005, then those obligations follow.

By an amendment to section 17, as a result of the Adoption and Children Act 2002, section 116(1) which came into force on 7 November 2002, a new subsection 17(6) was added, which reads as follows: checked

This was to make good a lacuna, as was seen in section 17, which had been identified in the cases which led to the decision of the House of Lords in R v G v Barnet London Borough council and the R v W v Lambeth Borough Council [2004] 2 AC 2008 in situations in which councils had been providing accommodation, as they understood it, under section 17, which turned out to have been ultra vires as found by the courts.