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ECHR rejects care order claim

The European Court of Human Rights has rejected a claim that the Official Solicitor’s decision to place a woman’s child into care, and subsequently for adoption, was in breach of the woman’s human rights.

The case concerned a woman, referred to as RP, who has a significant learning disability. She and her parents complained about a decision to take her daughter into local authority care in November 2006 and to subsequently place the child for adoption.

Relying on Article 6 (right of access to court), the applicants complained in particular about the appointment of the Official Solicitor to act for RP in the proceedings concerning her daughter, alleging that the implications of that appointment – which RP had been unable to challenge – had not been fully explained to her.

Further relying on Article 8 (right to respect for private and family life), RP also complained that she had not had the opportunity to challenge the decision to remove her daughter from her care.

The Court rejected both claims.


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