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RE TT (A Minor)
The Local Authority conceded on the day of trial and the Court gave Judgment stressing that it had been persuaded by the position on behalf of TT.
· The Local Authority had placed TT in a friends and family placement with (R), under a full care order with temporary foster care approval.
· R was subsequently negatively assessed and the Care Placement and Case Review (England) Regulations required the Local Authority to remove TT from her placement with R.
· As TT removed to voluntarily leave R’s home, the Local Authority applied to discharge the care order which would result in TT losing her “leaving care status.”
· Leaving Care Status places duties on the Local Authority which extend far beyond TT’s 18th Birthday and includes support up to the age of 25 including assistance with University fees and accommodation.
· TT and the Guardian opposed the Discharge of the Care order application and Civil Funding was obtained to injunct the Local Authority from removing TT from R’s care, arguing that they had Article 8 rights even though they were biologically unrelated.
This resulted in an application for an Injunction to prohibit TT’s removal from R’s care and inviting the Court to disapply the secondary legislation (The Regulations), as this would breach TT’s Article 8 rightsBack to Cases