Human rights challenges to care plans

C and another v Bury MBC (FD TLR 25 July)

Human rights challenges to care plans and placements of children in care should be heard in the Family Division and, if possible, by judges with experience of sitting in the Administrative Court. The approach to the court of a challenge to the proceedings and the care plan adopted by the local authority being criticised had to be broader and more investigative than prior to the implementation of the Human Rights Act 1998. There was a heavy responsibility and wide discretion placed on the court in considering, after the event, the lawfulness of the local authority’s decision-making process.