GD & BD (Children) (Rev 1) [2016] EWHC 3312 (Fam) (20 December 2016)

GD & BD (Children) (Rev 1) [2016] EWHC 3312 (Fam) (20 December 2016)

Both Wakefield MDC and West Yorkshire Police acted unlawfully and incompatibly with the claimants' Article 6 and Article 8 rights by failing to disclose exculpatory evidence, maintaining allegations without evidential basis, and causing unjustified interference with family life. Damages and declarations are warranted.

Citation
[2016] EWHC 3312 (Fam)
Parties
First Claimant (child): GD; Second Claimant (child): BD; Third Claimant (mother): MD; Respondent (father): FD; Respondent (local Authority): Wakefield Metropolitan District Council; Intervener: West Yorkshire Police; Intervener (counsel for Local Authority): Ian Shiels; Intervener: Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Human Rights Act 1998 and Children Act 1989 Applications / Judgment After Trial of Linked Applications
Outcome
Declarations granted; damages awarded as agreed; formal apologies issued.
Legal Topics
Article 6 ECHR, Article 8 ECHR, Damages for Breach of Convention Rights, Disclosure Obligations, Care Proceedings, Joint Investigation Protocols
Family Law Human Rights Law Public Law Article 6 ECHR Article 8 ECHR Damages for Breach of Convention Rights Disclosure Obligations Care Proceedings +1 more

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Parties

GD

First Claimant (child)

BD

Second Claimant (child)

MD

Third Claimant (mother)

FD

Respondent (father)

Wakefield Metropolitan District Council

Respondent (local Authority)

West Yorkshire Police

Intervener

Ian Shiels

Intervener (counsel for Local Authority)

Legal Aid Agency

Intervener

Procedural Posture

Human Rights Act 1998 and Children Act 1989 Applications / Judgment After Trial of Linked Applications

Legal Issues

  1. 1 Whether Wakefield MDC and West Yorkshire Police breached Article 6 and Article 8 rights of claimants
  2. 2 Whether removal of children from mother's care was unjustified interference with family life
  3. 3 Adequacy and timeliness of disclosure by public authorities

Ratio Decidendi

Both Wakefield MDC and West Yorkshire Police acted unlawfully and incompatibly with the claimants' Article 6 and Article 8 rights by failing to disclose exculpatory evidence, maintaining allegations without evidential basis, and causing unjustified interference with family life. Damages and declarations are warranted.

Court Disposition

Declarations granted; damages awarded as agreed; formal apologies issued.

Orders

  • Wakefield MDC and West Yorkshire Police to pay agreed damages (£5,000 to each child, £10,000 to mother)
  • Declarations of breach of Article 6 and Article 8 ECHR rights