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25 March 2010
Issue: 7410 / Categories: Case law , Law reports
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Human rights—Privacy—Family

AD and another v United Kingdom [2010] ECHR 28680/06, [2010] All ER (D) 153 (Mar)

European Court of Human Rights, Judge Garlicki (President), Judges Bratza, Bonello, Mijovic, Sikuta, Poalelungi and Vucinic, and L Early (Section Registrar), 16 March 2010

The removal of a child from his mother on a mistaken assessment of his injuries has been held to have breached Art 8 of the European Convention on Human Rights, and the lack of a domestic remedy for the mother’s claim a breach of Art 13.

The first applicant, AD, was a UK national. The second applicant, OD, was her son, born in 1996. Following action by the local authority on the mistaken assumption OD had suffered non-accidental injuries, the applicants were separated for a period of time.

The applicants brought proceedings in negligence and personal injury, claiming to have suffered damage due to the separation. The judge held that the authority did not owe a duty of care to a parent in the context of care proceedings based on allegations of abuse. The Court of Appeal upheld

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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