Christian Howells successful in social services judicial review

October 15 2024

 

Christian Howells represented a young adult with diagnoses of ASD, ADHD and PDA.  He recently turned 18 and was a care leaver.  The local authority provided him with one option of supported living, failing which it suggested he could present as homeless, unless he could suggest alternative supporting living placements.  The Claimant visited the provider suggested by the local authority, but he and his mother developed concerns over its suitability.

 

In handing down judgment today, the Court declared:

The local authority failed to have regard to the Claimant’s views, wishes and feelings, and his disabilities (in particular his PDA profile) when it produced the pathway assessment and plan, in breach of section 6(2)(a) and (c) of the Social Services and Well-being (Wales) Act 2014;

The local authority continued to fail to have regard to those matters following the Claimant’s assessment visit at the provider suggested by the local authority when the Claimant’s mother informed it of her reasonable concerns;

The local authority failed to carry out transition planning to have in place access to the full range of potentially suitable supported accommodation options in the area, and failed to give the Claimant reasonable preference on welfare grounds through allocation schemes, in breach of part 6 of the Code of Practice issued under section 145 of the 2014 Act;

The local authority failed to ensure collaboration between its social services and housing departments in transition planning, in breach of part 6 of the Code of Practice.

 

This is the first judgment of the Administrative Court on these provisions, and is important for its interpretation of the section 6 duty to take into account the wishes, feelings and disabilities of the person assessed as needing support, and the importance of the provisions in part 6 of the Code of Practice in relation to looked-after children transitioning into adulthood.

 

[2024] EWHC 2594 (Admin)