A claim was successfully made under the Human Rights Act for a child who had been placed in voluntary accommodation for 4 years without proceedings being commenced.
The Judge reached the conclusion that the Local Authority had acted in breach of the child's article 6 (right to a fair trial) and article 8 (right to a family life) rights.
The Judge was satisfied that the breach was sufficiently severe and therefore damages were necessary.
Failed to properly assess K from March 2012 until July 2015. Failed to implement a care plan that met K's needs from March 2012 until July 2015, including ensuring there were sufficient procedures in place to give effect to the recommendations of the LAC Reviews. (Art 8) As a result of (1) and (2) above the council failed to provide K with a proper opportunity to secure a suitable long-term placement and a settled and secure home life. (Art 8) Failed to issue proceedings in a timely manner from March 2012 to November 2015 as a consequence the local authority deprived K from the protection afforded to children under the Children Act 1989 and access to the court and the procedural protection of a Guardian. (Arts 6 and 8)