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 from – P 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