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23 AUG 2011

CARE PROCEEDINGS: Re H (A Child) [2011] EWCA Civ 1009

(Court of Appeal; Black and Thorpe LJJ; 7 July 2011)

The local authority considered the removal from mother necessary whereas the judge considered it would be in breach of Art 8 rights and neither necessary nor proportionate. The local authority pressed for an interim care order on basis of their care plan. The judge conceded that she had no alternative but to grant the interim care order despite her strong disapproval of the care plan. The judge indicated that she would be prepared to hear an application for injunctive relief under the Human Rights Act 1998. The application was made a few days later and the judge concluded that she didn't have jurisdiction to grant such an injunction once the interim care order was made.

Appeal allowed. There was clearly jurisdiction to grant such an injunction (the judge should have been asked for the injunction at the interim care order hearing). Case to go back to the judge for her to decide whether to grant injunction.

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