RCW v A Local Authority

RCW v A Local Authority

The injunction was granted because the local authority's decision to remove the child was made without a full and fair assessment of the applicant's ability to care for the child, failed to provide procedural fairness, and may have breached statutory protections under section 35(5) ACA 2002 and Convention rights under Articles 6 and 8 ECHR.

Parties
Claimant: RCW; Defendant: A Local Authority (LBX)
Jurisdiction
England and Wales
Judgment Date
12 February 2013
Procedural Posture
Urgent Application for Injunctive Relief Under the Human Rights Act 1998 in Adoption Proceedings / Judgment on Application for Interim Injunction
Outcome
Injunction granted restraining the local authority from removing the child from the applicant's care.
Legal Topics
Adoption, Injunctive Relief, Article 8 ECHR, Article 6 ECHR, Disability Discrimination, Procedural Fairness
Family Law Human Rights Law Disability Law Adoption Injunctive Relief Article 8 ECHR Article 6 ECHR Disability Discrimination +1 more

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Parties

RCW

Claimant

A Local Authority (LBX)

Defendant

Procedural Posture

Urgent Application for Injunctive Relief Under the Human Rights Act 1998 in Adoption Proceedings / Judgment on Application for Interim Injunction

Legal Issues

  1. 1 Whether the local authority can remove the child from the prospective adopter under section 35(2) Adoption and Children Act 2002
  2. 2 Whether the applicant is protected by section 35(5) ACA 2002 due to the timing of her adoption application
  3. 3 Whether the removal would breach Article 8 (right to family life) and Article 6 (right to a fair hearing) ECHR

Ratio Decidendi

The injunction was granted because the local authority's decision to remove the child was made without a full and fair assessment of the applicant's ability to care for the child, failed to provide procedural fairness, and may have breached statutory protections under section 35(5) ACA 2002 and Convention rights under Articles 6 and 8 ECHR.

Court Disposition

Injunction granted restraining the local authority from removing the child from the applicant's care.

Orders

  • LBX is restrained from removing SB from RCW's care pending further order.
  • Directions to be made for assessment and support for RCW as a visually impaired parent.