A Father v SBC & Ors [2014] EWFC 6 (23 May 2014)

A Father v SBC & Ors [2014] EWFC 6 (23 May 2014)

The district judge erred in law by concluding he lacked power to grant an injunction under s.8 Human Rights Act 1998; the court does have such power where removal of a child by a local authority is not necessary to safeguard or promote the child's welfare and would be an unlawful interference with Article 8 rights. The judge also erred by considering the merits of the discharge application rather than whether immediate removal was necessary. The appeal is allowed and the matter remitted for a contested hearing.

Citation
[2014] EWFC 6
Parties
Appellant: A Father; First Respondent: SBC; Second Respondent: A Mother; Third Respondent: DE (by his children's guardian)
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Appeal (family Law) / Appeal Against Refusal of Injunction Under Human Rights Act 1998
Outcome
Appeal allowed; permission to appeal granted; matter remitted for rehearing of injunction application.
Legal Topics
Care Orders, Injunctions, Article 8 ECHR, Parental Responsibility, Procedural Fairness, Legal Aid
Family Law Human Rights Law Child Protection Law Care Orders Injunctions Article 8 ECHR Parental Responsibility Procedural Fairness +1 more

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Parties

A Father

Appellant

SBC

First Respondent

A Mother

Second Respondent

DE (by his children's guardian)

Third Respondent

Procedural Posture

Appeal (family Law) / Appeal Against Refusal of Injunction Under Human Rights Act 1998

Legal Issues

  1. 1 Whether the court has power to grant an injunction under s.8 Human Rights Act 1998 to prevent removal of a child living at home under a care order
  2. 2 Whether the local authority's removal of the child was lawful under the Children Act 1989 and Article 8 ECHR
  3. 3 Whether procedural safeguards and parental involvement were adequate before removal

Ratio Decidendi

The district judge erred in law by concluding he lacked power to grant an injunction under s.8 Human Rights Act 1998; the court does have such power where removal of a child by a local authority is not necessary to safeguard or promote the child's welfare and would be an unlawful interference with Article 8 rights. The judge also erred by considering the merits of the discharge application rather than whether immediate removal was necessary. The appeal is allowed and the matter remitted for a contested hearing.

Court Disposition

Appeal allowed; permission to appeal granted; matter remitted for rehearing of injunction application.

Orders

  • District judge's refusal of injunction set aside.
  • Case remitted for contested hearing of injunction application before Designated Family Judge.