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Local authority – Statutory powers. The claimants sought judicial review of the defendant local authority's policy for calculating the amount of financial assistance to be provided, under s 17 of the Children Act 1989, by reference to the amount that the Secretary of State would provide to a failed asylum seeker and his dependants. The Administrative Court, in dismissing the application, held that the policy had been lawful. Further, although the authority had failed to appreciate the claimants' derivative rights of residence, as the primary carers of a British national child, that had not invalidated the authority's policy or the individual decisions in the claimants' cases.
Local authority – Statutory powers. The claimants sought judicial review of the defendant local authority's policy for calculating the amount of financial assistance to be provided, under s 17 of the Children Act 1989, by reference to the amount that the Secretary of State would provide to a failed asylum seeker and his dependants. The Administrative Court, in dismissing the application, held that the policy had been lawful. Further, although the authority had failed to appreciate the claimants' derivative rights of residence, as the primary carers of a British national child, that had not invalidated the authority's policy or the individual decisions in the claimants' cases.
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