R (on the application of KA) v Essex County Council [2013] EWHC 43 (Admin), [2013] All ER (D) 205 (Jan)
It was established law that Art 8 of the European Convention on Human Rights provided expressly for the rights to family and private life, but that implicitly included the right for procedural protection which was fair and effective and such as to afford due respect to the safeguarded rights. Paragraph 3 of Sch 3 to the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) required an authority to consider whether and to what extent the provision of support under the Children Act 1989 (ChA 1989) was necessary to avoid a breach of an individual’s rights under the Convention. In principle, that included the right to a relevant procedural safeguard. Each case was to be considered on its own facts and circumstances. Where there was an outstanding application for leave to remain, an authority should respect the right to that procedural safeguard under Art 8 of the Convention, at least in cases that were not obviously hopeless or abusive. The procedural safeguard for Art 8 rights under NIAA 2002
