Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

LOCAL AUTHORITY/HUMAN RIGHTS: Re D (Unborn); Bury Metropolitan Borough Council v D [2009] EWHC 446 (Fam)

Sep 29, 2018, 17:37 PM
Slug : re-d-unborn-bury-metropolitan-borough-council-v-d-2009-ewhc-446-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 4, 2009, 04:23 AM
Article ID : 88819

(Family Division; Munby J; 4 March 2009)

Care and placement orders had been made in relation to the mother's elder child. The mother was pregnant. During a session of supervised contact with the elder child the mother used a cloth to blindfold and gag the child, pinning her to the floor and threatening her with a knife. The two supervising workers had to call the police to resolve the situation. The mother was now in prison, in a very distressed state, and had seemingly attempted suicide on one occasion. The social worker reported that the mother considered that her children 'would be better off dead rather than be in the care of the local authority'. The local authority considered that the mother's unborn child must be removed from the mother at birth, but feared that if this was communicated this to mother, in compliance with the obligation under European Convention on Human Rights, Art 8 to involve the mother in the decision-making process, the mother would harm the baby and herself in the minutes after birth. The local authority sought anticipatory declaratory relief as to whether it would be lawful not to tell the mother about the proposed removal of the child at birth, notwithstanding her Art 8 rights.

Because the child was unborn, the court had no jurisdiction to make either a care or wardship order in respect of the child. However, that did not prevent the court from exercising jurisdiction under the general law to declare the conduct of the local authority either compliant or non-complaint with Art 8.The key question for the court was whether the local authority's proposed action was justified by the 'overriding necessity of interests of child' or by something which was 'essential to secure the child's safety'. In the highly unusual circumstances of this case, the very exceptional step of not engaging the parents fully and frankly in the pre-birth planning process was entirely justified.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from