PC v A Health & Social Care Trust & Anor [2026] NIFam 4 (09 March 2026)
Repeated and substantial failures by the Trust to convene timely LAC reviews breached statutory requirements and the plaintiff's Article 8 rights, but no evidence that compliance would have led to earlier rehabilitation; breach is procedural, not substantive.
- Citation
- [2026] NIFam 4
- Parties
- Plaintiff: PC; First Defendant: A Health & Social Care Trust; Second Defendant: DK
- Jurisdiction
- Northern Ireland
- Judgment Date
- 09 March 2026
- Procedural Posture
- Human Rights Claim (family Law) / Final Judgment
- Outcome
- Declaration of breach of Article 8 rights granted; no award of damages.
- Legal Topics
- Article 8 ECHR, Care Orders, Procedural Fairness, Delay in Care Planning, Declaratory Relief
Case Brief
Summary, issues, holding and outcome
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Parties
PC
Plaintiff
A Health & Social Care Trust
First Defendant
DK
Second Defendant
Procedural Posture
Human Rights Claim (family Law) / Final Judgment
Legal Issues
- 1 Whether delay in progressing rehabilitation plan breached Article 8 ECHR rights
- 2 Whether procedural breaches of the 1996 Regulations justify declaratory relief and damages
Ratio Decidendi
Repeated and substantial failures by the Trust to convene timely LAC reviews breached statutory requirements and the plaintiff's Article 8 rights, but no evidence that compliance would have led to earlier rehabilitation; breach is procedural, not substantive.
Court Disposition
Declaration of breach of Article 8 rights granted; no award of damages.
Orders
- Declaration to be issued regarding infringement of Article 8 rights
- Court to hear parties on precise wording of declaration and costs
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