GD & BD (Children) (Rev 1)

GD & BD (Children) (Rev 1)

Both Wakefield Metropolitan District Council and West Yorkshire Police breached the Article 6 and Article 8 ECHR rights of the Claimants through systemic and individual failures in disclosure, information sharing, and professional practice, resulting in unjustified separation of children from their mother and flawed proceedings. Declarations and damages are necessary to afford just satisfaction.

Parties
Claimant: GD; Claimant: BD; Claimant: MD; Respondent: FD; Respondent: Wakefield Metropolitan District Council; Respondent: West Yorkshire Police; Intervener: Ian Shiels; Intervener: Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Human Rights Act Claim / Children Act Care Proceedings / Judgment After Trial
Outcome
Declarations granted; damages approved; formal apologies ordered.
Legal Topics
Article 6 ECHR (fair Trial), Article 8 ECHR (private and Family Life), Disclosure Obligations, Joint Investigations, Safeguarding, Professional Standards, Damages for Breach of Human Rights
Family Law Human Rights Child Protection Public Law Article 6 ECHR (fair Trial) Article 8 ECHR (private and Family Life) Disclosure Obligations Joint Investigations +3 more

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Parties

GD

Claimant

BD

Claimant

MD

Claimant

FD

Respondent

Wakefield Metropolitan District Council

Respondent

West Yorkshire Police

Respondent

Ian Shiels

Intervener

Legal Aid Agency

Intervener

Procedural Posture

Human Rights Act Claim / Children Act Care Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether the Local Authority and Police breached Article 6 and Article 8 ECHR rights of the Claimants
  2. 2 Whether failures in disclosure and information sharing led to unjustified interference with family life
  3. 3 Whether damages and declarations should be granted for breaches

Ratio Decidendi

Both Wakefield Metropolitan District Council and West Yorkshire Police breached the Article 6 and Article 8 ECHR rights of the Claimants through systemic and individual failures in disclosure, information sharing, and professional practice, resulting in unjustified separation of children from their mother and flawed proceedings. Declarations and damages are necessary to afford just satisfaction.

Court Disposition

Declarations granted; damages approved; formal apologies ordered.

Orders

  • Wakefield Metropolitan District Council and West Yorkshire Police to pay £10,000 to the mother and £5,000 to each child in damages.
  • Declarations of breach of Article 6 and Article 8 ECHR rights.