Lambeth withdraws 'children in need' eligibility criteria after JR challenge
The London Borough of Lambeth has agreed to immediately withdraw its eligibility criteria for ‘children in need’ after a judicial review challenge.
The Administrative Court last week approved the settlement of the case, which centred on the criteria that set the thresholds before the council’s children’s services will accept referrals, conduct assessments or provide services.
The court order also required the council not to rely upon the criteria in any of its decision and to undertake a 12-week consultation if it intended to introduce any new criteria.
The claimants were two autistic children and their mother, who had previously been in receipt of a support package from the local authority, comprising 37 hours of care per week. But when Lambeth introduced its new eligibility criteria, this was removed.
The claimants challenged the council’s decision on three grounds:
- the lawfulness of the eligibility criteria themselves;
- the process followed in introducing the criteria. This was on the basis that there was no public consultation and the decision was taken without regard for the council’s equality duties
- the decision-making in their own individual cases.
Law firm Maxwell Gillott and barrister Caoilfhionn Gallagher of Doughty Street Chambers represented the claimants.
In a statement Doughty Street Chambers said: “This is an important result for vulnerable children in Lambeth, and it may have wider ramifications for other local authorities.”
It added that under the settlement the family had achieved “all the relief they sought to deal with their situation”.
Dan Rosenberg of Maxwell Gillott said: “Under the terms of this settlement, the family's care services package which they sorely need will continue, and any further assessment by Lambeth must be without regard to their now withdrawn eligibility criteria."
He added: "Since these criteria are still enforced by other councils, we are now looking into what the successful result in Lambeth means for other local authorities that have developed similar policies in similar ways."
A spokesman for Lambeth said: "We have suspended our eligibility criteria as set out in our procedures by consent with all parties to enable a review."
Philip Hoult