A judge has awarded the first reported domestic damages for a child in care proceedings.
The case of Northamptonshire County Council v AS and Ors saw Mr Justice Keehan award the first known award of domestic damages for a child during care proceedings, highlighting the willingness of the courts to rectify breaches of human rights.
In his judgement Keehan J said that the local authority made a series of failures during the case, including the obtaining of a s20 consent without using an interpreter. Additionally, they failed to issue care proceeding until nine months after the newborn was accommodated and delayed the procedure countless times with document filing.
Northamptonshire County Council admitted breaches to Article 6 and 8 human rights of both the mother and child. Damages totalling £16,000 were awarded, with £12,000 going to the child and £4,000 to the mother.
The case is interesting as it shows an award being given to a child without the need for causation to be established. Keehan J’s judgement reads: “I trust that the events of the first 23 months of DS’s life will not have a detrimental impact on his future development and his emotional and psychological well being. There is a real risk they will do so.”
As the first reported case of domestic damages for a child in care proceedings, it indicates that the law is developing rapidly in this area.