H, Re [2014] EWFC B127 (14 August 2014)

The refusal of legal aid to the mother, given her speech, hearing, and learning difficulties, prevented her from having effective access to the court and breached her Article 6 and Article 8 ECHR rights; legal representation was necessary for her to participate meaningfully in proceedings.

Citation: [2014] EWFC B127
Parties: Mother/respondent: MH; Father/applicant: LHu; Local Authority/intervener: Middlesbrough Borough Council
Jurisdiction: England and Wales
Judgment Date: 14 August 2014
Procedural Posture: Private Law Application for Child Arrangements Order / Final Hearing
Outcome: Order approved by consent; case resolved with a detailed working agreement.
Legal Topics: Legal Aid, Child Arrangements, Article 6 ECHR, Article 8 ECHR, Access to Justice

Family Law Human Rights Legal Aid Child Arrangements Article 6 ECHR Article 8 ECHR Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Mother/respondent

LHu

Father/applicant

Middlesbrough Borough Council

Local Authority/intervener

Procedural Posture

Private Law Application for Child Arrangements Order / Final Hearing

Legal Issues

1 Whether refusal of legal aid to the mother breached her Article 6 and Article 8 ECHR rights
2 Whether the mother had effective access to the court given her vulnerabilities

Ratio Decidendi

Court Disposition

Order approved by consent; case resolved with a detailed working agreement.

Orders

Transcript of judgment to be sent to Mr David Keegan and the President of the Family Division.
Order and working agreement approved.