B (A Child) [2016] EWFC B10 (29 January 2016)

B (A Child) [2016] EWFC B10 (29 January 2016)

The local authority and IRO service breached B's Article 6 and 8 rights by failing for three years to seek revocation of the placement order and to consider contact with his family, resulting in lost opportunities for B. Given the severity and duration of the breaches and their impact, a modest award of damages is necessary to afford just satisfaction. To ensure B receives the damages, the local authority must pay the costs of the proceedings.

Citation
[2016] EWFC B10
Parties
Child/claimant: B; Mother/respondent: Ms S; Father/respondent: Mr H; Respondent/defendant: Local Authority; Respondent/defendant: IRO Service
Jurisdiction
England and Wales
Judgment Date
29 January 2016
Procedural Posture
Family Law/human Rights Claim / Judgment After Hearing on Damages and Costs
Outcome
Damages awarded to B; declarations made; local authority ordered to pay costs.
Legal Topics
Care Orders, Placement Orders, Revocation of Placement Orders, Article 6 ECHR, Article 8 ECHR, Damages for Human Rights Breach, Costs in Children Act Proceedings
Family Law Human Rights Care Orders Placement Orders Revocation of Placement Orders Article 6 ECHR Article 8 ECHR Damages for Human Rights Breach +1 more

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Parties

B

Child/claimant

Ms S

Mother/respondent

Mr H

Father/respondent

Local Authority

Respondent/defendant

IRO Service

Respondent/defendant

Procedural Posture

Family Law/human Rights Claim / Judgment After Hearing on Damages and Costs

Legal Issues

  1. 1 Whether the local authority and IRO service breached B's Article 6 and 8 rights under the ECHR by failing to timely seek revocation of a placement order and consider contact with family members
  2. 2 Whether damages should be awarded for the breach and, if so, in what amount
  3. 3 Whether the local authority should be ordered to pay the costs of the proceedings

Ratio Decidendi

The local authority and IRO service breached B's Article 6 and 8 rights by failing for three years to seek revocation of the placement order and to consider contact with his family, resulting in lost opportunities for B. Given the severity and duration of the breaches and their impact, a modest award of damages is necessary to afford just satisfaction. To ensure B receives the damages, the local authority must pay the costs of the proceedings.

Court Disposition

Damages awarded to B; declarations made; local authority ordered to pay costs.

Orders

  • Declarations of breach of Article 6 and 8 ECHR rights to be made as annexed to the judgment.
  • Local authority to pay £5000 damages to B.