Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it should be listed before a judge with experience also of administrative law. Such cases now involved a broader and more investigative approach than hitherto. The courts have a wide discretion when looking at such matters which also placed greater responsibility on a court.
Judges:
Dame Elizabeth Butler-Sloss
Citations:
Times 25-Jul-2002
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Citing:
Cited – Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same QBD 1-Jun-2001
The Prison Service’s policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of . .
Cited – Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same QBD 1-Jun-2001
The Prison Service’s policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of . .
Cited – In re M (Care: Challenging decisions by local authority) 2001
. .
Lists of cited by and citing cases may be incomplete.
Children, Human Rights
Updated: 15 July 2022; Ref: scu.174416
