Child J brought a claim under Article 8 of The Human Rights Act against Devon County Council as a result of their breach of the Human Rights Act.
Child J was born in early 2008. She was brought up by her mother and spent brief periods in respite care.
In August 2012 she was received into respite care with the intention being that she remained there for a 7 day period. Instead of returning child J to her mother at the end of that period the Defendant failed and instead attempted to start care proceedings.
It was later accepted by the Defendant that the way that they had acted was wrong and child J remains in the safe care of her mother to this date.
As a result of the actions of Devon County Council child J and her mother were separated for a 7 week period.
Farleys Solicitors acted on child J’s behalf in a claim brought under Article 8 of The Human Rights Act.
As a result of the significant upset the incident had caused to child J she had suffered a mild psychiatric injury and medical evidence was obtained which confirmed that for a 2 year period she had experienced significant levels of distress and upset.
A settlement was negotiated on the basis of medical evidence with the Council resulting in a payment to child J of £9,000 under Article 8 of The Human Rights Act with such settlement ultimately being approved as reasonable by the Court.
Commenting on the case Partner Jonathan Bridge said:
“We were delighted at the settlement reached for child J. Her mother felt strongly not only that child J should be compensated for what she had been through but also that the Council should be held to account for their actions. We are seeing an increasing number of cases where Council’s have removed children from their parents care without legal justification and this will invariably lead to a potential claim under The Human Rights Act”.