QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF H||Claimant|
|ESSEX COUNTY COUNCIL||Defendant|
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Mr Sharland (instructed by Essex County Council Legal Services) appeared on behalf of the Defendant
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"An application for an allowance has to be assessed and supported by an Essex Social Care childcare team and agreed at a planning meeting as an appropriate care plan for a child. This should be done prior to the court application for a residence order. Residence order allowances will not be considered in retrospect."
"Where a child lives, or is to live, with a person as a result of a residence order, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child..."
"Given its discretionary power, and in the light of its limited resources, extensive child care duties and responsibilities, the council has decided that only in exceptional circumstances will application for a residence order allowance be considered after a residence order has been made by the courts.
"By way of example: an applicant may be prevented in some way, perhaps through illness of pursuing an application for an allowance before the order is made and thereby fails to meets the council's requirement, or, where an allowance was agreed and has been paid, fluctuations in income make the residence allowance holder inevitable that review because the financial assessment indicates that income has arisen above the means tested limit, if only for quite a limited period.
"The example cited above are not exhaustive and for illustration only and each application will be assessed on its individual merits."