Reported case: H (A Child – Breach of Convention Rights – Damages) [2014] EWFC 38

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Please take note of the above case report-

 

The judgment of His Honour Judge Bellamy in H (A Child – Breach of Convention Rights – Damages) [2014] EWFC 38 addresses the successful claim for damages in care proceedings for breach of the parents’ human rights.

 

The parents asserted that the way the local authority dealt with the case before proceedings were issued gave rise to a breach of their Article 6 and Article 8  rights pursuant to the Convention for the Protection of Human Rights and Fundamental Freedoms. Their claim for relief was brought pursuant to section 7(1)(b) of the Human Rights Act 1998 for damages and declarations pursuant to section 8 of the Human Rights Act 1998.