BH (A Child : Human Rights Act : Injunction) [2017] EWFC 15 (23 February 2017)

BH (A Child : Human Rights Act : Injunction) [2017] EWFC 15 (23 February 2017)

Interim removal of BH from GA's care is not necessary to ensure her welfare or safety; removal would cause significant disruption and harm. Protective measures in place are sufficient. Therefore, removal would be unlawful and disproportionate under Article 8 ECHR and the Children Act 1989.

Citation
[2017] EWFC 15
Parties
Applicant: GA; First Respondent: LA; Second Respondent: M; Third Respondent: F; Fourth Respondent: BH
Jurisdiction
England and Wales
Judgment Date
23 February 2017
Procedural Posture
Family Law Children Act Proceedings / Interim Hearing on Injunction Pending Final Determination
Outcome
Injunction granted prohibiting removal of BH from GA's care pending final hearing unless new circumstances require immediate removal.
Legal Topics
Care Orders, Child Arrangements, Interim Injunctions, Article 8 ECHR, Parental Responsibility, Kinship Care
Family Law Human Rights Care Orders Child Arrangements Interim Injunctions Article 8 ECHR Parental Responsibility Kinship Care

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Parties

GA

Applicant

LA

First Respondent

M

Second Respondent

F

Third Respondent

BH

Fourth Respondent

Procedural Posture

Family Law Children Act Proceedings / Interim Hearing on Injunction Pending Final Determination

Legal Issues

  1. 1 Whether interim removal of BH from GA's care is necessary and proportionate under Article 8 ECHR
  2. 2 Whether the local authority's proposed removal would be lawful under Children Act 1989 and Human Rights Act 1998

Ratio Decidendi

Interim removal of BH from GA's care is not necessary to ensure her welfare or safety; removal would cause significant disruption and harm. Protective measures in place are sufficient. Therefore, removal would be unlawful and disproportionate under Article 8 ECHR and the Children Act 1989.

Court Disposition

Injunction granted prohibiting removal of BH from GA's care pending final hearing unless new circumstances require immediate removal.

Orders

  • Local authority prohibited from removing BH from GA's care pending final hearing unless BH's welfare requires immediate removal.
  • Interim written agreement to regulate placement and monitoring.