BB (A Child), Re [2016] EWFC B53 (26 June 2016)

BB (A Child), Re [2016] EWFC B53 (26 June 2016)

Thurrock Borough Council breached BB's Article 6 and 8 rights by delaying care proceedings, failing to facilitate family contact, and failing to arrange therapy. A declaration and damages are necessary for just satisfaction. To avoid the damages being nullified by the legal aid statutory charge, the local authority must pay all of BB's legal aid costs for both the care proceedings and the HRA claim.

Citation
[2016] EWFC B53
Parties
Applicant: Thurrock Borough Council; First Respondent: CW (Mother); Second Respondent/applicant (hra Claim): BB (Child, by her Guardian)
Jurisdiction
England and Wales
Judgment Date
26 June 2016
Procedural Posture
Care Proceedings and Human Rights Act Claim / Final Judgment
Outcome
Care order made for BB; declaration of breaches of Articles 6 and 8 ECHR; damages awarded; local authority ordered to pay all of BB's legal aid costs for both proceedings.
Legal Topics
Care Proceedings, Children Act 1989, Human Rights Act 1998, Article 6 ECHR, Article 8 ECHR, Damages for Breach of Human Rights, Legal Aid Statutory Charge, Costs in Family Proceedings
Family Law Human Rights Care Proceedings Children Act 1989 Human Rights Act 1998 Article 6 ECHR Article 8 ECHR Damages for Breach of Human Rights +2 more

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Parties

Thurrock Borough Council

Applicant

CW (Mother)

First Respondent

BB (Child, by her Guardian)

Second Respondent/applicant (hra Claim)

Procedural Posture

Care Proceedings and Human Rights Act Claim / Final Judgment

Legal Issues

  1. 1 Whether Thurrock Borough Council breached BB's Article 6 and Article 8 rights under the ECHR
  2. 2 Whether damages should be awarded for the breaches
  3. 3 Whether the local authority should pay BB's legal aid costs for both the care proceedings and HRA claim

Ratio Decidendi

Thurrock Borough Council breached BB's Article 6 and 8 rights by delaying care proceedings, failing to facilitate family contact, and failing to arrange therapy. A declaration and damages are necessary for just satisfaction. To avoid the damages being nullified by the legal aid statutory charge, the local authority must pay all of BB's legal aid costs for both the care proceedings and the HRA claim.

Court Disposition

Care order made for BB; declaration of breaches of Articles 6 and 8 ECHR; damages awarded; local authority ordered to pay all of BB's legal aid costs for both proceedings.

Orders

  • Care order in relation to BB
  • Declaration of breaches of Article 6 and 8 ECHR by Thurrock Borough Council