Z v UK [2002]

Facts

  • This was an appeal from X v Bedfordshire County Council [1995], where it was ruled that as there was a statutory duty, there was no common law duty for local authority to remove children from pental abuse of neglect

Issue

  •  Was this judgment a violation of the ECHR

Decision

  •  Yes, a violation of article 3 was present (freedom from degrading treatment)

Reasoning

  •  Simple threshold test
RELATED CASE  Brownie Wills v Shrimpton [1998, Canada]

Posted in Tort Law Revision Notes.

This page was last updated on 6th January 2014

© 2020 Webstroke Law - Terms and Privacy Policy