header-logo header-logo

13 May 2010 / Susan Nash
Issue: 7417 / Categories: Features , Public , Human rights
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll