RCW v A Local Authority [2013] EWHC 235 (Fam) (12 February 2013)

RCW v A Local Authority [2013] EWHC 235 (Fam) (12 February 2013)

The local authority's decision to remove the child from RCW was made on an incomplete and unfair assessment, without giving RCW a proper opportunity to address concerns or participate in the decision, and without adequate assessment of her ability to care for the child with support. The authority acted in breach of procedural rights under Articles 6 and 8 ECHR and the common law principle of fairness. Injunctive relief was granted to prevent removal.

Citation
[2013] EWHC 235 (Fam)
Parties
Claimant: RCW; Defendant: A Local Authority (LBX)
Jurisdiction
England and Wales
Judgment Date
12 February 2013
Procedural Posture
Family Law / Human Rights Act Urgent Application / Application for Urgent Injunctive Relief
Outcome
Injunction granted; removal of child restrained
Legal Topics
Adoption, Injunctions, Procedural Fairness, Disability Discrimination, Article 8 ECHR, Article 6 ECHR
Family Law Human Rights Law Discrimination Law Adoption Injunctions Procedural Fairness Disability Discrimination Article 8 ECHR +1 more

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Parties

RCW

Claimant

A Local Authority (LBX)

Defendant

Procedural Posture

Family Law / Human Rights Act Urgent Application / Application for Urgent Injunctive Relief

Legal Issues

  1. 1 Whether the local authority can remove a child from a prospective adopter under section 35(2) Adoption and Children Act 2002 after an adoption application has been made
  2. 2 Whether the removal would breach Article 8 (right to family life) and Article 6 (right to fair trial) ECHR
  3. 3 Whether the removal constitutes discrimination under section 15 Equality Act 2010

Ratio Decidendi

The local authority's decision to remove the child from RCW was made on an incomplete and unfair assessment, without giving RCW a proper opportunity to address concerns or participate in the decision, and without adequate assessment of her ability to care for the child with support. The authority acted in breach of procedural rights under Articles 6 and 8 ECHR and the common law principle of fairness. Injunctive relief was granted to prevent removal.

Court Disposition

Injunction granted; removal of child restrained

Orders

  • LBX restrained from removing SB from RCW's care pending further order
  • Directions to be made for assessment and support for RCW and SB