The applicant challenged the decision to separate her from her child whilst she was in prison.
Held: such a separation engaged her article 8 Human Rights, and she must be allowed representation when a decision was made. The Prison Service should call in appropriate experts in deciding what were the child’s needs, the effect of separation, and the proportionality of the intended act to the need.
Judges:
Maurice Kay J
Citations:
Times 27-Jan-2003, [2003] EWHC 155 (Admin), [2003] 1 FLR 979
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.
Prisons, Children, Human Rights
Updated: 13 October 2022; Ref: scu.178704