Proportionality and Article 8 of the ECHR
What does this mean? And why is it important? to protect individuals against arbitrary interference by public authorities The European Convention and the Human Rights Act 1998 ‘Proportionality’ is...
View ArticleHuman Rights Act 1998
Claims against public bodies for breach of the Human Rights Act 1998 Introduction The Human Rights Act (HRA) was passed to give direct effect to the Articles of the European Convention into domestic...
View ArticleWhat can we do to help the parents when children are taken into care?
I’ve always felt that these young people don’t stand a chance in life, there are massive stumbling blocks along the way… This is a response by Kate Wells to the recent article by Louise Tickle in the...
View ArticleDisputes between parents about seeing their children
This post looks at the law in cases following the parents separation, when the parents can’t agree about how the children should spend time with each of them. In cases where there is no evidence that...
View ArticleSH v Italy – violation of Article 8 by failing to support family to stay...
The case of SH v Italy was decided on 13th October 2015 – the judgment is in French. Citations here have been provided in English via Google Translate. The court unanimously found violation of the...
View ArticleThe Judgment of the European Court against Portugal – Soares de Melo
The dangers of ‘absolutism’ when considering the ‘interests of the child’. Many thanks to Clare Fenton Glynn for alerting me to this recently decided case in the European Court – only a French version...
View ArticleAdoption: A vision for change?
This is a post by Sarah Phillimore On 27th March 2016 – Easter Sunday – the Department of Education released its policy paper setting out its vision for improving adoption rates. Broadly, it sets out...
View ArticleA.H. and Others v the Russian Federation
A case about adoption and the best interests of children. Application no. 6033/13 Judgment in this case was circulated on 17th January 2017. It involved 16 applications against the Russian Federation...
View ArticleIf a parent has parental responsibility and no one cares, what remedies do...
I am very grateful to the mother of Shayla for giving me permission to post this. I shall call the child murdered by Matthew Scully Hicks (MSH) by the name her mother gave to her at birth. It is one...
View ArticleWhat weight do we attach to the welfare of a child when considering...
This is a post by Sarah Phillimore This post is the text of my advice to the journalist Louise Tickle with regard to the extent to which the welfare of the child would be considered ‘paramount’ in any...
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