Creating a fairer Britain
24 June 2010
In a judgment delivered today, the High Court reminded local authorities of the extent of their powers in relation to incapacitated children and adults.
The Equality and Human Rights Commission intervened in the case which concerned two people, aged nine and 22, who live in the same local authority. Both have Smith Magenis Syndrome which manifests itself in behavioural problems including self harm, destructive behaviour and severe sleep disturbances. Both live at home in what the Judge described as "the devoted and exemplary care of their parents".
The Judge was asked by the local authority to decide whether locking them in their bedrooms at night to keep them safe amounted to a lawful restriction of liberty, or whether it was a deprivation of liberty which engaged the protection of Article 5 of the European Convention on Human Rights.
The Commission submitted that where a local authority knows that a vulnerable child is subject to restrictions on their liberty by a private individual that may give rise to a deprivation of liberty, then it has a duty to investigate. If, following that investigation, the authority finds that there is a deprivation of liberty then they must take reasonable and proportionate measures to bring that state of affairs to an end.
Mr Justice Munby agreed but made it clear that whatever the positive obligations of a local authority under Article 5 may be, parents remain in control of how they bring up their dependents. The duties and powers of authorities are limited to investigating, providing support services and, if appropriate, referring the matter to court.
The Judge commented that the assistance of the Commission in the case was “invaluable".
John Wadham, Group Legal Director, said:
“This is an important case about the limit of the power of local authorities. It provides a timely reminder that only in exceptional circumstances can authorities override the decisions of loving parents.”
Ends
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For a copy of the judgment go to http://www.bailii.org/ew/cases/EWHC/Fam/2010/978.html.
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
The UK Parliament has recognised the value of the Commission’s expertise, imposing on it an obligation to intervene in certain legal proceedings by virtue of section 30 of the Equality Act 2006.
When intervening in a case, the Commission acts as an independent third party, offering its expertise to the court in the form of written and/or oral submissions.
The Commission takes a strategic approach when deciding to intervene. It will generally intervene in cases where it can use its expertise to clarify or challenge an important element of the law. The cases generally involve serious matters of public policy or general public concern. The outcome of these cases often has a wide impact as they set precedents to be followed by the lower courts.