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.
Lord Justice Thorpe, Lord Justice Tuckey and Lord Justice Wilson
England and Wales
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