Mr James Carter, a father from Manchester, faced the unlawful removal of his newborn child. Aldwych Legal represented him in a UK family law and human rights dispute, challenging the local authority’s actions and demanding proper procedural safeguards.
What Happened
Shortly after birth, the local authority removed the child from Mr Carter’s care. The decision lacked clear justification and timely notice for hearings, raising concerns about due process. The matter progressed over several weeks, with ongoing questions about whether parental involvement would be restored promptly.
Legal Issues
- Right to a Fair Trial (Article 6 ECHR): Mr Carter was excluded from crucial meetings and not properly notified of hearings, undermining his participation.
- Right to Respect for Family Life (Article 8 ECHR): The removal appeared disproportionate and lacked justified grounds, risking the child’s relationship with his parent; Re B (A Child) [2013] UKSC 33 cited to emphasise necessity and justification.
- Unsubstantiated Allegations: Earlier allegations from another jurisdiction were used to justify removal despite Mr Carter being cleared.
- Procedural Lapses: The council’s actions did not comply with the Children Act 1989, including the use of inadmissible documents without proper justification (Budak v Turkey (2021)).
- Inadequate Investigation: A thorough inquiry into Mr Carter’s ability to care for the child was not conducted, breaching statutory duties.
Our Approach
We issued targeted pre-action correspondence under the CPR and the Pre-Action Protocols, pressed for a transparent review of the council’s processes, and gathered expert evidence on parenting capacity. Our team engaged in careful negotiations to secure the necessary safeguards and practical steps toward resolution.
Outcome
The matter was resolved through a formal agreement requiring a comprehensive review of the local authority’s care proceedings, corrective measures, and a plan to restore appropriate contact with the child. The client benefited from improved oversight, a clear timetable for future steps, and ongoing monitoring of compliance.
Result / Why It Matters
Aldwych Legal’s expertise in public law, human rights, and local government matters ensures robust protection of parental rights while promoting procedural fairness in complex child welfare cases.
