Case Law Update 11 – Kent v MK – Failures in relation to assessment, care planning and care proceedings can amount to breach of human rights

This is part of our case law series reviewing judgements relating to the implementation of the Children and Families Act 2014.

Each review looks at a specific case and explains the potential implications for parents, local authorities and sector practitioners. The reviews have been produced for us by Barrister Steve Broach.

This review looks at a case in Kent where a local authority was found to have breached a child's right to family life and right to a fair trial. This judgment makes clear that serious breaches by local authorities of their obligations under the Children Act 1989 can result in human rights breaches. This can then lead to significant damages being awarded by the courts.

 Included is a case overview, discussion around the decision, what this means for children, young people and families and implications for local authorities and other public bodies.

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