The Local Authority of Swansea was found to have breached an 11 year old child’s Article 8 and article 6 rights and was ordered to pay £10,000 damages to the child

 

This case related to an 11 year old boy who the Local Authority attempted to rehabilitate with his alcoholic mother for a sustained period. It failed to keep adequate records of the rehabilitation and safety plan. This adversely affected child protection proceedings concerning the child. After a further occasion of the mother lacking capacity to care for the child and threatening to kill herself in front of the child, the Local Authority instigated a Public Law Outline. It delayed issuing proceedings for a further five months. The court found that this failure breached the child’s article 6 and article 8 rights and awarded damages from the Local Authority to the child in the sum of £10,000.

 

Kirsty Brimelow QC acted for the children’s Guardian acting for the child, instructed by Vici Clarke of Cameron Jones Hussell & Howe Solicitors.

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