When the state takes children away
Having the state take your children away is every parent's worst nightmare but there are times when it is necessary. For example if a child is subject to abuse then it is only right that they are provided with a safe haven where they can access the care and protection they need.
One way that the UK resolves this issue is by making the scheme under section 20 of the Children Act 1989 an essentially voluntary service. A local authority has a duty to provide accommodation to a child in need but the parents retain certain rights with respect to their children that include objecting to the actions of the local authority and even removing the child from the accommodation.
The case that we examine in this week's episode of the podcast raises an interesting question about what happens when the parents are not fully informed of their rights. The children ended up in care for nearly two months and a claim was brought alleging a breach of the right to family life under Article 8 of the European Convention on Human Rights.
Ultimately this is a question about what amounts to consent.
We may agree to things on a regular basis without knowing the full consequences but the situation is a little different when it impacts on fundamental rights and freedoms. This is especially the case when the full force of the police, local government and the courts bears down on parents who are vulnerable and have no bargaining power.
In that situation it is the law that represents the last line of defence for those with nowhere else to turn but even that is not worth anything if the courts fail to apply it. Can they stand strong and protect those without protection or are they simply another part of the establishment?
Find out where the Supreme Court stands below.
Episode link: http://uklawweekly.com/2018-uksc-37/
Subscribe on iTunes: https://itunes.apple.com/gb/podcast/uk-law-weekly/id1137316725?mt=2