Z and Others v United Kingdom; TP and KM v United Kingdom Human Rights and Child Protection

Abstract

These important decisions of identically composed Grand Chambers of the European Court of Human Rights conclude the sagas known domestically as X (Minors) v Bedfordshire County Council and M (A MiIlOl) and Another v Newham London Borough Council and Others. They raise issues of interest to several branches of domestic law. The focus in this article will be on the implications of the decisions and of the Human Rights Act 1998 for the child protection activities of local authorities and associated agencies, and for their clients. The two cases together offer an interesting illustration of the local authority's dilemma: to intervene, or not to intervene; and, if so, how. This article will describe and comment on each decision in turn, and the final section will deal with an aspect common to both - the legal remedies available to future claimants in similar cases.

Keywords: child law, family law, child protection, human rights, intervention