In a hearing where the threshold standard was at issue, a party challenged the compliance with Human Rights law of the 1989 Act. The court adjourned the case for transfer to the High Court.
Held: The correct court to hear such suggestions was the court seized of the case, and it should not be transferred. A transfer must bring additional delay. The court had to balance the need to respect family life and the rights of the child. The result had to be proportionate and best in the interests of the child.
Judges:
Tuckey, Ward LJJ
Citations:
Times 17-Feb-2004, Gazette 18-Mar-2004, [2004] EWCA Civ 54, [2004] 1 WLR 1433
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Endorsed – In re L (Care proceedings: Human Rights Claims) 2003
The court set out appropriate procedures designed to human rights claims, even properly brought, from de-railing care proceedings. . .
Cited by:
Cited – In re V (a Child) (Care: pre-birth actions) CA 12-Oct-2004
Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the . .
Cited – Cheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Children
Updated: 10 June 2022; Ref: scu.194050