In R (on the application of G) v Nottingham City Council  EWHC 400 (Admin) Munby J considered removal of a child from a mother without either court order or consent under s.20 of the CA 1989. In finding that removal to be unlawful the Court relied on Article 8 of the HRA and concluded that the interference with the family life was not justifiable under Article 8(2) as a result
- Judge blasts social workers telling them they ‘are not above the law’ after they remove nine-year-old from family then keep him away without consent
Speech by Sir James Munby (president of the family courts) to the Society of editors:
I have said this many times in the past but it must never be forgotten that, with the state’s abandonment of the right to impose capital sentences, orders of the kind which family judges are typically invited to make in public law proceedings are amongst the most drastic that any judge in any jurisdiction is ever empowered to make.
When a family judge makes an adoption order in relation to a twenty-year old mother’s baby, the mother will have to live with the consequences of that decision for what may be upwards of 60 or even 70 years, and the baby for what may be upwards of 80 or even 90 years. We must be vigilant to guard against the risk.