When a child remains at home under a final care order, the local authority holds significant powers but must still respect the family's rights. This focused webinar, presented by Lauren Maires of St John's Buildings, examines what happens when a local authority gives notice to remove a child who is placed at home under a care order, and how practitioners can respond quickly and effectively.
Working through Section 33 of the Children Act 1989, Section 8 of the Human Rights Act 1998 and Article 8 of the European Convention on Human Rights, the session shows how a Human Rights Act injunction can be used to challenge removal. It sets out the practical steps for parents, carers and their advisers, from securing an early hearing before a circuit judge to running a discharge application alongside the injunction.
The webinar anchors the law in three key authorities: Re DE [2014] EWFC 6 and its paragraph 49 guidance, Re K [2018] EWCA Civ 112, and the Court of Appeal's endorsement in Re JW [2023] EWCA Civ 994. It also addresses the real world hurdles, including means and merit tested legal aid, litigants in person and the role of the Official Solicitor.
Key Takeaways
- A final care order can sit alongside a care plan for the child to live at home, where the local authority shares parental responsibility but cannot use its powers to remove the child without proper justification.
- Section 6 of the Human Rights Act 1998 makes it unlawful for a local authority, as a public authority, to act incompatibly with Article 8, which protects the right to respect for private and family life.
- Section 8 of the Human Rights Act 1998 allows parents and carers to seek an injunction to restrain removal, and this can be pursued at the same time as an application to discharge the care order.
- Re DE [2014] EWFC 6 is the leading authority, and the six point guidance at paragraph 49 sets out the approach, including 14 days notice and removal only as a last resort.
- The test for interim removal is high, following Re C, and the court should normally grant the injunction unless the child's welfare demands immediate removal.
- Re JW [2023] EWCA Civ 994 endorses the Re DE guidance at the highest level, so a care order does not put the local authority in a materially different position on removal.
Human Rights Act Injunctions: Preventing Removal of a Child at Home Under a Fina
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