ON APPEAL FROM WATFORD COURT
(HER HONOUR JUDGE HARRIS)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE THORPE
|IN THE MATTER OF H (Children)|
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Mr B Coleman (instructed by Hertfordshire County Council Legal Services) appeared on behalf of the First Respondent, the local authority.
The Second Respondent did not appear and was not represented.
Mr R McCarthy QC and Ms D Fottrell (instructed by Eskinazi & Co Solicitors) appeared on behalf of the Third Respondent, the Children's Guardian.
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Lord Justice Thorpe:
"At this stage and, prior to the LA's reconsideration of their care plan, it is my judgement that a removal of [the child] from her mother's care will be a breach of her Article 8 rights and neither a necessary nor proportionate interference with her right to respect for her family life."
"I don't understand where the jurisdiction comes from -- I cannot give with one hand and take away with the other -- it rides a coach and horses through part 4 of the children act."
Lady Justice Black:
Order: Application granted.