Damages for human rights breach

Garry Dover reports on a High Court case where a children’s guardian notified a local authority that she intended to issue proceedings in respect of its multiple breaches of a young boy's human rights.

The factual background to the case of Northamptonshire CC v AS & ors [2015] EWHC 199 (Fam) was that in January 2013, when DS was 15 days old, he was placed with foster carers by the local authority.

The local authority had concluded that DS was at risk of physical harm from the mother’s partner. There were also concerns with his mother’s ability to care for the baby safely. DS’s mother agreed to him being accommodated pursuant to s. 20 of the Children’s Act 1989.

The local authority did not issue care proceedings until November 2013, a delay of nine months. There were further delays by the local authority which were described as “egregious failures” by Mr Justice Keehan. DS was eventually placed with his maternal grandparents under a Special Guardianship Order.

Proceedings

The case was transferred to the High Court because of jurisdictional issues and the failures of the local authority to issue proceedings timeously and to comply with court orders. The jurisdictional issues related to DS’s maternal grandparents residing in Latvia and his paternal grandparents residing in Spain.

In April 2014, directions were made for the future conduct of the case, as well as orders for the local authority to explain their failings.

The final hearing was listed for October 2014. The case could not be finalised due to further failings by the local authority. It filed and served its final evidence and care plan very late and made no application to extend time for compliance. Non-compliance with the court orders was described as a wholly unnecessary and harmful delay in the planning and placement of the child.

The final hearing went ahead in December 2014 and orders were made to secure DS’s placement with his maternal grandparents in Latvia.

Prior to the final hearing, the children’s guardian had formally notified the local authority that she intended to issue proceedings in respect of its multiple breaches of DS’s human rights contrary to article 6 (right to a fair hearing) and article 8 (right to respect for private and family life). The mother of DS issued proceedings claiming damages for various alleged breaches of her article 6 and article 8 Convention rights.

The local authority accepted that it had acted in violation of DS’s and the mother’s article 6 and article 8 Convention rights, and it also accepted that it had acted in violation of DS’s article 13 right (right to an effective remedy).

Outcome

The local authority agreed to pay £12,000 to DS, £4,000 to DS’s mother and £1,000 to DS’s maternal grandparents. The £1,000 was to assist in the care of DS.

Mr Justice Keehan was referred to a number of authorities which are not cited in the judgment, in which damages had been awarded against local authorities who had acted in breach of a child’s and/or a parent’s human rights. He was satisfied that the damages offered by the local authority were extremely appropriate.

Note

Beware how matters are reported. Contrary to reports the local authority were not fined, and there was no assessment of damages pursuant to the Human Rights Act. The local authority offered damages in the sum of £17,000 which was seen as appropriate by the court, following a review of a number of authorities.

Garry Dover is a partner at BLM. He can be contacted on 0161 838 6776 or This email address is being protected from spambots. You need JavaScript enabled to view it..