AS (unlawful removal of a child), Re [2015] EWFC B150 (07 August 2015)

AS (unlawful removal of a child), Re [2015] EWFC B150 (07 August 2015)

The removal of AS from his mother's care by the local authority without her consent or judicial authority was unlawful and breached Article 8 ECHR. The delay in issuing proceedings further breached Article 6 ECHR. Declarations and an award of damages were necessary to afford just satisfaction.

Source-derived case information.

Citation
[2015] EWFC B150
Parties
Applicant/mother: MS; Respondent/local Authority: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
07 August 2015
Procedural Posture
Human Rights Act Claim Within Care Proceedings / Judgment After Final Care Order and Hearing of Human Rights Act Application
Outcome
Application granted in part; declarations and damages awarded to the mother.
Legal Topics
Unlawful Removal of Child, Article 8 ECHR, Article 6 ECHR, Section 20 Children Act 1989, Damages for Breach of Human Rights, Timeliness of Care Proceedings
Family Law Human Rights Unlawful Removal of Child Article 8 ECHR Article 6 ECHR Section 20 Children Act 1989 Damages for Breach of Human Rights Timeliness of Care Proceedings

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Parties

MS

Applicant/mother

London Borough of Brent

Respondent/local Authority

Procedural Posture

Human Rights Act Claim Within Care Proceedings / Judgment After Final Care Order and Hearing of Human Rights Act Application

Legal Issues

  1. 1 Whether the local authority unlawfully removed AS from his mother's care without consent or judicial authority
  2. 2 Whether the delay in issuing care proceedings breached the mother's and child's human rights
  3. 3 Whether damages and costs should be awarded for the breaches

Ratio Decidendi

The removal of AS from his mother's care by the local authority without her consent or judicial authority was unlawful and breached Article 8 ECHR. The delay in issuing proceedings further breached Article 6 ECHR. Declarations and an award of damages were necessary to afford just satisfaction.

Court Disposition

Application granted in part; declarations and damages awarded to the mother.

Orders

  • Declaration that the local authority breached the mother's Article 8 ECHR rights by unlawfully removing AS, failing to seek consent, and accommodating AS without consent between 9 October and 13 November 2014.
  • Declaration that the local authority breached the mother's Article 6 ECHR rights by failing to issue proceedings in a timely manner.