News: European Court rejects claim that a care order had breached human rights
A Nottingham woman who claimed that a decision to place her child into adoption was a breach of her human rights has had her application rejected by the European Court of Human Rights.
The applicant, referred to in case reports as RP, is a recent mother with learning disabilities. During a number of hearings and assessments, the local authority had become concerned that she was unable to properly care for her daughter or to fully understand proceedings against her, as a result of which the Official Solicitor was appointed to act on her behalf.
Acting with her family, RP claimed that the implications of the appointment of the Official Solicitor had not been fully explained to her and that she had not been able to properly challenge the decision to place her daughter for adoption. The family relied principally for their claims on two articles within the Human Convention on Human Rights: Article 6, which governs rights of access to court and a fair trial, and Article 8, which governs respect for a private and family life.
The Court ruled that an official letter sent to RP setting her rights in regard to the appointment of the Official Solicitor was sufficient to meet the requirements of Article 6. It also ruled that Official Solicitor’s stated and legally determined focus on the best interest of RP’s daughter, referred to as KP, did not amount to a violation of the mother’s rights.
Photo of the European Court of Human Rights in Strasbourg by Stephen Colebourne under a Creative Commons licence
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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