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13 May 2010 / Susan Nash
Issue: 7417 / Categories: Features , Public , Human rights
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Human rights & wrongs

Susan Nash provides an update on recent human rights cases

In AD and OD v the United Kingdom (App no 28680/06) the applicant complained that the decision to take her infant son into local authority care was in breach of Art 8 (right to private and family life). After a medical examination, the child was diagnosed with non-accidental fractures, and placed on the “at risk” register.

The possibility of brittle bone disease was raised by the parents but dismissed by a paediatrician. An interim care order was granted and the family relocated to a family resource centre for assessment which was a considerable distance from their home. The instructions given to the centre were ambiguous, and a parenting assessment was conducted instead of a risk assessment. In the absence of an appropriate assessment, the local authority concluded it was unsafe to return the child to his parents. A risk assessment was eventually carried out by the National Society for the Prevention of Cruelty to Children (NSPCC), which concluded that the family should be reunited without delay.

Eventually, a senior medical expert took

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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