Langley & ors v Chief Constable of Merseyside Police & anr

Tuesday 25 October 2005

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The Court of Appeal has ruled that Liverpool City Council acted unlawfully when it took a child into care when his blind father continued to drive the family car.

The family bought an action against the Council and the police which concerned the relationship between emergency protection orders and police protection powers in the Children Act 1989.

The Court of Appeal found that both the Council and the police had acted in breach of the Convention rights of the parents and one of the children in removing that child when they had no power to do so.

This is one of the very few civil claims to be brought where the lawfulness of the obtaining and execution of an emergency protection order has been considered.

Further information on the case can be found on the BBC's website at http://news.bbc.co.uk/1/hi/england/merseyside/4331644.stm

Rajeev Thacker of Garden Court Chambers was counsel.

The solicitor was Helen Wood of Jackson and Canter.

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