CH v A Metropolitan Council [2017] EWCOP 12 (28 July 2017)

The Local Authority's unjustified delay of at least 12 months in providing sex education to CH, resulting in deprivation of conjugal relations, constituted a breach of Article 8 ECHR and Section 6(1) HRA 1998, for which the proposed settlement sum of £10,000 is within the appropriate range for vindicatory damages.

Citation: [2017] EWCOP 12
Parties: Claimant: CH (by his Litigation Friend, The Official Solicitor); Defendant: A Metropolitan Council
Jurisdiction: England and Wales
Judgment Date: 28 July 2017
Procedural Posture: Part 8 Claim (court of Protection) / Approval of Settlement
Outcome: Settlement approved
Legal Topics: Article 8 ECHR, Human Rights Act 1998, Sexual Capacity, Damages for Breach of Human Rights, Court of Protection Procedure

Human Rights Mental Capacity Public Law Article 8 ECHR Human Rights Act 1998 Sexual Capacity Damages for Breach of Human Rights Court of Protection Procedure

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Parties

CH (by his Litigation Friend, The Official Solicitor)

Claimant

A Metropolitan Council

Defendant

Procedural Posture

Part 8 Claim (court of Protection) / Approval of Settlement

Legal Issues

1 Whether the delay by the Local Authority in providing sex education to CH constituted a breach of Article 8 ECHR and Section 6(1) HRA 1998
2 Whether the proposed settlement sum is appropriate and just in the circumstances

Ratio Decidendi

Court Disposition

Settlement approved

Orders

Claimant's litigation friend authorised to accept the settlement offer on behalf of CH
£10,000 damages to be paid into Court Funds Office Account for CH