X, Y & Z, Re (Damages : Inordinate Delay in Issuing Proceedings) [2016] EWFC B44 (23 February 2016)

X, Y & Z, Re (Damages : Inordinate Delay in Issuing Proceedings) [2016] EWFC B44 (23 February 2016)

West Sussex County Council acted unlawfully and in violation of the Article 6 and 8 rights of the children and mother by purporting to exercise parental responsibility for almost two and a half years without authority, failing to promote contact, and failing to issue care proceedings in a timely manner, resulting in significant loss of opportunity and poor outcomes for the children. The failures of the Independent Reviewing Officer also amounted to breaches of rights. Declarations and damages are necessary to afford just satisfaction.

Citation
[2016] EWFC B44
Parties
Applicant/mother: Z; Applicant/child: X; Applicant/child: Y; Respondent/local Authority: West Sussex County Council
Jurisdiction
England and Wales
Judgment Date
23 February 2016
Procedural Posture
Application for Declarations and Damages Under the Human Rights Act 1998 / Final Judgment After Oral Submissions, No Live Evidence
Outcome
Declarations granted; damages awarded to children and mother.
Legal Topics
Section 20 Children Act 1989, Article 6 ECHR, Article 8 ECHR, Damages for Breach of Human Rights, Parental Responsibility, Delay in Care Proceedings
Family Law Human Rights Section 20 Children Act 1989 Article 6 ECHR Article 8 ECHR Damages for Breach of Human Rights Parental Responsibility Delay in Care Proceedings

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Parties

Z

Applicant/mother

X

Applicant/child

Y

Applicant/child

West Sussex County Council

Respondent/local Authority

Procedural Posture

Application for Declarations and Damages Under the Human Rights Act 1998 / Final Judgment After Oral Submissions, No Live Evidence

Legal Issues

  1. 1 Whether West Sussex County Council acted unlawfully and in breach of Article 6 and Article 8 ECHR rights of the children and mother by accommodating the children under s.20 Children Act 1989 without valid consent and by delaying care proceedings.
  2. 2 Whether the s.20 agreements were validly obtained from the aunt and mother.
  3. 3 Whether the Local Authority's actions in exercising parental responsibility and failing to promote contact or issue proceedings constituted breaches of Convention rights.

Ratio Decidendi

West Sussex County Council acted unlawfully and in violation of the Article 6 and 8 rights of the children and mother by purporting to exercise parental responsibility for almost two and a half years without authority, failing to promote contact, and failing to issue care proceedings in a timely manner, resulting in significant loss of opportunity and poor outcomes for the children. The failures of the Independent Reviewing Officer also amounted to breaches of rights. Declarations and damages are necessary to afford just satisfaction.

Court Disposition

Declarations granted; damages awarded to children and mother.

Orders

  • Declarations that West Sussex County Council acted unlawfully and in violation of the Convention Rights of X, Y, and Z as specified in the judgment.
  • Damages of £20,000 each to X and Y for breaches of Article 6 and 8 rights.