A & S (Children) v Lancashire County Council

A & S (Children) v Lancashire County Council

Lancashire County Council and its Independent Reviewing Officer breached the human rights of A and S by failing to secure permanent placements, failing to revoke freeing orders, denying access to family and court, permitting degrading treatment, failing to provide accurate legal status information, failing to implement review recommendations, failing to promote independent legal advice, and failing to act as responsible body for compensation claims. The IRO failed to identify infringements, take effective action, and refer to CAFCASS Legal. These failures caused irreparable harm and lifelong damage to the children.

Parties
Claimant: A; Claimant: S (acting by the Official Solicitor); First Defendant: Lancashire County Council; Second Defendant: Mr H; Interested Party: A’s Special Guardians; Interested Party: A’s Children’s Guardian; Interested Party: S’s Children’s Guardian; Interested Party: IRO
Jurisdiction
England and Wales
Judgment Date
21 June 2012
Procedural Posture
Human Rights Act Proceedings / Family Proceedings / Judgment and Order; Transfer to Queens Bench Division for Damages Claims
Outcome
Declarations of incompatibility with ECHR rights; claims for damages transferred to Queens Bench Division; orders for case management and costs hearings.
Legal Topics
Freeing Orders, Adoption, Care Orders, Statutory Orphans, Independent Reviewing Officers, Respite Care, Damages for Human Rights Breach, Negligence, Breach of Statutory Duty
Family Law Human Rights Law Child Protection Law Public Law Freeing Orders Adoption Care Orders Statutory Orphans +5 more

Case Brief

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Parties

A

Claimant

S (acting by the Official Solicitor)

Claimant

Lancashire County Council

First Defendant

Mr H

Second Defendant

A’s Special Guardians

Interested Party

A’s Children’s Guardian

Interested Party

S’s Children’s Guardian

Interested Party

IRO

Interested Party

Procedural Posture

Human Rights Act Proceedings / Family Proceedings / Judgment and Order; Transfer to Queens Bench Division for Damages Claims

Legal Issues

  1. 1 Whether Lancashire County Council and its Independent Reviewing Officer breached the human rights of A and S under Articles 8, 6, and 3 of the European Convention on Human Rights
  2. 2 Whether failures in care planning, legal status, and contact arrangements caused irreparable harm to the children
  3. 3 Whether the reviewing system and IRO failed to protect the children’s interests

Ratio Decidendi

Lancashire County Council and its Independent Reviewing Officer breached the human rights of A and S by failing to secure permanent placements, failing to revoke freeing orders, denying access to family and court, permitting degrading treatment, failing to provide accurate legal status information, failing to implement review recommendations, failing to promote independent legal advice, and failing to act as responsible body for compensation claims. The IRO failed to identify infringements, take effective action, and refer to CAFCASS Legal. These failures caused irreparable harm and lifelong damage to the children.

Court Disposition

Declarations of incompatibility with ECHR rights; claims for damages transferred to Queens Bench Division; orders for case management and costs hearings.

Orders

  • Lancashire County Council declared to have acted incompatibly with Articles 8, 6, and 3 ECHR in ten specified respects.
  • Mr H, the IRO, declared to have acted incompatibly with Articles 8 and 6 ECHR in three specified respects.