Local authorities involved in care proceedings will infringe the rights of parents and other individual parties to them under both Article 6 and Article 8 of the Convention unless they conduct themselves with integrity, transparency and inclusiveness so as to satisfy the family’s rights, necessarily to be construed in a wide sense, to a fair hearing and to respect for their private and family life.
Held: The mother’s appeal against the care order was dismissed.
Judges:
Holman J
Citations:
[2001] 2 FLR 1300
Jurisdiction:
England and Wales
Cited by:
Cited – NJ v Essex County Council and Another; In re J (Care: Assessment: Fair Trial); Re J (a child) (care proceedings: fair trial) CA 11-May-2006
The family complained that the local authority had, in assessing the need for a care order, failed to follow the guideliens set down in In Re L, leading to an infringement of their human rights.
Held: Neither in the lower court nor here had . .
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.
Children, Local Government, Human Rights
Updated: 10 May 2022; Ref: scu.242871
