P v South Gloucestershire Council: CA 3 Jan 2007

The local authority abandoned its care plan for her child without first consulting her. The mother appealed a refusal by the court to award damages.
Held: The appeal failed. The authority had infringed the mother’s human rights, but her remedy lay in a declaration, and damages were not to be awarded. The breach was purely procedural. The decalaration was an adequate remedy in this case.

Judges:

Lord Justice Thorpe, Lord Justice Tuckey and Lord Justice Wilson

Citations:

Times 01-Feb-2007

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Appeal fromP v South Gloucestershire Council FD 2006
The applicant’s child had been taken into care by the defendant, on the basis of a proposed care plan. The authority abandoned the care plan but without consulting with the mother first. She sought damages saying that the authority had infringed her . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children, Damages

Updated: 23 June 2022; Ref: scu.248914