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Trenchant comments from Cobb J in two decisions about Human Rights Act claims in care proceedings

Need for practitioners to review new or pending human rights claims attached to care proceedings

There are now two decisions of Cobb J that all care practitioners need to read to avoid pitfalls.

One is CZ v Kirklees Council [2017] EWFC 11 and the other is SW & TW (Human Rights Claim: Procedure) (No.1) [2017] EWHC 450 (Fam).

They show that:

The result is that all practitioners involved in new or pending human rights claims attached to care proceedings need to review the case and ask themselves the following questions:- 

On a point of information practitioners need to be aware that the LAA approach (although it may not be universal) is to give separate consideration to HRA claims for declarations and HRA claims for damages. The former may be authorised much more easily but the LAA is intending increasingly to treat damages claims as subject to the "exceptional cases" regime so that they are subject to a stringent merits tests and a means test.

Roger McCarthy QC, Coram Chambers 

9/3/17