CARE PROCEEDINGS: Westminster City Council v RA, B and S [2005] EWHC 970 (Fam)

10 MAY 2005

(Family Division; Potter P; 26 May 2005) [2005] 2 FLR 1309

Human Rights Act 1998 complaints arising before the making of a final care order can, and normally should, be dealt with in the care proceedings when the full merits of the care plan, as opposed to its bare lawfulness, fall to be debated. There is no requirement, nor is it preferable, for proceedings to be transferred to a superior court of law simply because a breach of human rights is argued.

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