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(Administrative Court, Charles J, 7 September 2011)
Where a decision had been declared procedurally unfair and therefore a fresh decision had been made, which was not challenged, a finding and a remedy could still be available if there was a substantive breach of Art 8 (which could be founded by the termination of the child's placement with proposed adopters). Here, however, the child would have been removed even if there had been a fair process, so there was no substantive impact.
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