The Youth Support Act 2012 (Fictitious) sets out newly agreed services that Local Councils in Wales are obliged to provide for young people within the community.
Section 2 of the Act regulates the obligatory provisions for after school activities. It states:
2.1 All Local Councils in Wales are obliged to provide an enrichment programme of extra curricular activities for young people coming from disadvantaged backgrounds.
2.2 Someone coming from a disadvantaged background, for the purposes of this Act, is defined as an individual who comes from a family with an annual income that warrants state support, such as a Job Seekers Allowance; welfare, housing or other community benefits.
2.3 A young person, for the purposes of this Act, is defined as someone between the ages of five and fourteen years old.
In January 2013 Tree Tops a profit making after school youth club, opened on Bangor High Street. The purpose of the club is to provide after school recreational activities for young people aged between 11 and 16 years old. In February 2013 Bangor City Council, as part of its statutory obligations to providing support for young people, agrees to fully and part fund qualifying young people to attend Tree Tops.
In late February, Bangor City Council decides that they will only fund a complete academic years attendance at the youth club. They therefore refuse to allow anyone onto the fully or part funded scheme before the age of five and if they turn fifteen within the academic year. Pricilla who is 14 years 2 months is refused funding for the scheme on this basis.
Amreen, a 14 year old girl from a household that qualifies for full funding from the Council joins the youth club in March 2013. Amreen was told that she would not be permitted to wear her religious headscarf owing to concerns over her personal safety during game activities. Amreen initially agrees to remove her headscarf and conforms to the rule. However when her brother, Nabeel, returns in July 2013 he is outraged to learn of Tree Tops request and wants to bring legal action against the youth club.
In the same month a national pressure group based in London, Children’s Right Alliance (CRA) learns of the rules at Tree Tops and are outraged.
Pricilla, Amreen, David and the Children’s Right Alliance all appeal to Bangor City Council, however all applications are refused. They are now seeking judicial review in the Administrative Court.
Discuss the different grounds for bringing a claim with reference to each of the relevant parties. Your response should refer to points for both appellant and respondent.