A, B, C, D & E , Re [2014] EWFC B227 (18 December 2014)

A, B, C, D & E , Re [2014] EWFC B227 (18 December 2014)

The local authority breached the family's rights under Articles 6 and 8 ECHR by unlawfully and disproportionately removing the children, failing to disclose material evidence, denying fair participation in decision making, and failing to promote family life. The threshold for care proceedings was met, but the process was fundamentally unfair due to the LA's conduct. Interim care orders are made, the hearing is adjourned for further assessment, and declarations of human rights breaches are granted. Costs for wasted hearings are awarded against the local authority.

Citation
[2014] EWFC B227
Parties
Applicant Local Authority: Hampshire County Council; Respondent Mother: M (Mother); Respondent Father: F (Father); Subject Child: A (Child); Subject Child: B (Child); Subject Children: C, D, E (Children)
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Care Proceedings (children Act 1989) / Interim Judgment on Adjournment and Human Rights Breaches
Outcome
Interim care orders made for all children; hearing adjourned for further assessment; declarations of human rights breaches granted; costs of wasted hearings awarded against local authority.
Legal Topics
Care Proceedings, Children Act 1989, Article 6 ECHR, Article 8 ECHR, Disclosure Obligations, Threshold Criteria, Interim Care Orders, Unlawful Removal, Damages, Costs
Family Law Human Rights Care Proceedings Children Act 1989 Article 6 ECHR Article 8 ECHR Disclosure Obligations Threshold Criteria +4 more

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Parties

Hampshire County Council

Applicant Local Authority

M (Mother)

Respondent Mother

F (Father)

Respondent Father

A (Child)

Subject Child

B (Child)

Subject Child

C, D, E (Children)

Subject Children

Procedural Posture

Care Proceedings (children Act 1989) / Interim Judgment on Adjournment and Human Rights Breaches

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met
  2. 2 Whether the local authority breached the family's rights under Articles 6 and 8 ECHR
  3. 3 Whether there was unlawful removal of children

Ratio Decidendi

The local authority breached the family's rights under Articles 6 and 8 ECHR by unlawfully and disproportionately removing the children, failing to disclose material evidence, denying fair participation in decision making, and failing to promote family life. The threshold for care proceedings was met, but the process was fundamentally unfair due to the LA's conduct. Interim care orders are made, the hearing is adjourned for further assessment, and declarations of human rights breaches are granted. Costs for wasted hearings are awarded against the local authority.

Court Disposition

Interim care orders made for all children; hearing adjourned for further assessment; declarations of human rights breaches granted; costs of wasted hearings awarded against local authority.

Orders

  • Interim care orders for all five children
  • Adjournment of final hearing for further assessment and therapy