ABSTRACT
The applicant, had two children, A, born on 29 August 1979, and J, born on 9 October 1980. Following assaults from her partner, Mr B, her child A was put on an ‘at-risk register’ in 1979. Because of the violent and criminal conduct of Mr B and her circumstances, the applicant, on the advice of the Social Services, placed A in voluntary care with short-term foster parents employed by its Social Services Department. A was returned home in November, but the situation with Mr B did not improve. During a period in hospital in February 1981, the applicant and Mr B decided that since he was incapable of looking after the children, they should be put into the voluntary care of the local authority, which placed them with foster parents. The applicant moved into a women’s refuge. Following a case conference held in March 1981, in the absence of the applicant, who had not been informed of the meeting, the Authority decided to place J, in addition to A, on the ‘at-risk register’ in view of the uncertainty of the family’s position. On 26 March, A and J were discharged from care and went to live with the applicant at the refuge. During a discussion on 2 April 1981, the two social workers responsible for the case agreed that an application should be made to assume the applicant’s parental rights. The applicant was not contacted by the authority in respect of this discussion. On 10 August 1981, Mr B got drunk and broke into a safe in a hospital where he and the applicant had started voluntary work. They were both subsequently arrested and charged. On 14 September the applicant was sentenced to six months’ imprisonment which, on 9 October, following an appeal to the Crown Court, was reduced to probation. Mr B was imprisoned until June 1982, and there was no further contact between him and the applicant. At a case conference on 25 August 1981, the authority took the contingent decision that if the parental rights resolution
did not lapse, because the applicant either withdrew her objection or failed in challenging it before the juvenile court, her access to A and J would be stopped and they would be placed for adoption with long-term foster parents. The applicant was not notified of the conference or its outcome and the fact that this decision was taken was only revealed subsequently. On 29 September 1981 she withdrew her objection to the parental rights resolution. On her release from prison on 9 October, the applicant asked to see her children but was refused. The children were placed with long-term foster parents in December. The applicant, who had last seen A and J on 13 September 1981, did not see them again until April 1986. Her further application to the juvenile court for the discharge of the parental rights resolution was rejected and her appeal to the High Court was dismissed. The applicant complained about various aspects of the Authority’s decisions concerning A and J and the absence of any remedy for challenging those decisions before a court. Comm found by majority (12-3) V 6(1) in that the applicant was denied access to court for the determination of her civil right of access to A and J, unanimously V 8 in that the procedures which were applied in reaching the decisions to terminate the applicant’s access to A and J did not respect her family life, by majority (12-2 with one abstention) no separate issue under 13.
