H (A Child), Re [2011] EWCA Civ 1009 (07 July 2011)

H (A Child), Re [2011] EWCA Civ 1009 (07 July 2011)

The judge misdirected herself in concluding she lacked jurisdiction to consider injunctive relief under section 8(1) of the Human Rights Act 1998; discretion must be exercised at the earliest possible date.

Source-derived case information.

Citation
[2011] EWCA Civ 1009
Parties
Appellant: Mother; First Respondent: Hertfordshire County Council; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Appeal / Interim Application Pending Final Determination
Outcome
Application granted; interim relief ordered.
Legal Topics
Interim Care Orders, Injunctions Under Human Rights Act, Article 8 ECHR, Jurisdiction of Family Court
Family Law Human Rights Interim Care Orders Injunctions Under Human Rights Act Article 8 ECHR Jurisdiction of Family Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Hertfordshire County Council

First Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal / Interim Application Pending Final Determination

Legal Issues

  1. 1 Does the court have jurisdiction to grant an injunction under section 8(1) of the Human Rights Act 1998 to prevent separation of mother and child during interim care proceedings?
  2. 2 Was the judge correct in refusing to exercise discretion for injunctive relief?

Ratio Decidendi

The judge misdirected herself in concluding she lacked jurisdiction to consider injunctive relief under section 8(1) of the Human Rights Act 1998; discretion must be exercised at the earliest possible date.

Court Disposition

Application granted; interim relief ordered.

Orders

  • Interim injunction granted to maintain status quo pending HHJ Harris's exercise of discretion.
  • No removal of child from mother until 19 July or further order.