Article 5 of the European Convention on Human Rights, which has been incorporated into English law under the Human Rights Act 1998, states that everyone has the right to liberty and can only be deprived of this in limited circumstances and subject to strict legal procedures. Not having arbitrary restrictions placed on your movement is … Read more
In December 2020, the Local Government and Social Care Ombudsman (LGSCO) found a local authority at fault for failing to properly assess, plan and support a 15-year-old boy, S, in preparation for and following his release from custody. Inadequate and delayed assessment and planning prevented S’s early release, which unnecessarily extended his time in custody, … Read more
A number of recent court judgments have highlighted the severe lack of secure accommodation in England and the growing trend of depriving children of their liberty in unregulated and unregistered settings. We covered one of these cases in the May issue of our legal digest. This month, we are looking at another such case and use it as … Read more
This issue examines the right to be protected from torture and inhuman or degrading treatment or punishment following a recent decision by the High Court which found the government’s ‘no recourse to public funds’ policy to be unlawful. We also look at the importance of intermediaries in supporting young people during criminal proceedings and ensuring … Read more
This issue zooms in on two recent judgments highlighting the right to family life. The first case relates to two sisters separated during care proceedings and the failure of the local authority to ensure access to advocacy as a means of supporting the older sister to challenge the separation. The second case looks at the … Read more