Family law

In deciding whether or not interference with the right to respect for family life is “necessary”, the court has to consider whether, in the light of the case as a whole, the reasons adduced to justify the measures are “relevant and sufficient”, and whether the decision-making process was fair and afforded due respect to the interests safeguarded by Art 8.

In the context of care proceedings, mistaken judgments or assessments by professionals do not per se render childcare measures incompatible with the requirements of Art 8. The authorities, medical and social, cannot be held liable every time genuine and reasonably-held concerns about the safety of children are proved, retrospectively, to have been misguided.