Bury Metropolitan Borough Council v D

Bury Metropolitan Borough Council v D

Given the mother's history of impulsive and violent behaviour, the risk of catastrophic harm to the child immediately after birth, and expert evidence indicating a high probability of harm if the mother is informed of the birth plan, the court finds that the local authority's proposed conduct of not involving the mother and her partner in the birth planning process is justified by the overriding necessity of the interests of the child and is lawful and compatible with Article 8 ECHR.

Parties
Applicant: Bury Metropolitan Borough Council; Respondent: D
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Declaratory Relief / Judgment
Outcome
Declaration granted
Legal Topics
Emergency Protection Orders, Parental Involvement, Article 8 ECHR, Removal of Child at Birth, Declaratory Relief
Family Law Human Rights Emergency Protection Orders Parental Involvement Article 8 ECHR Removal of Child at Birth Declaratory Relief

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Parties

Bury Metropolitan Borough Council

Applicant

D

Respondent

Procedural Posture

Declaratory Relief / Judgment

Legal Issues

  1. 1 Whether it is lawful for the local authority to conceal its birth plan from the mother and her partner
  2. 2 Whether the proposed course of conduct is compatible with Article 8 of the European Convention on Human Rights

Ratio Decidendi

Given the mother's history of impulsive and violent behaviour, the risk of catastrophic harm to the child immediately after birth, and expert evidence indicating a high probability of harm if the mother is informed of the birth plan, the court finds that the local authority's proposed conduct of not involving the mother and her partner in the birth planning process is justified by the overriding necessity of the interests of the child and is lawful and compatible with Article 8 ECHR.

Court Disposition

Declaration granted

Orders

  • Declaration that the local authority's proposed course of conduct is lawful and compatible with Article 8 ECHR