Source: All England Reporter
Publisher Citation: [2002] All ER (D) 137 (Oct)
Court: European Court of Human Rights
Judge:

Judges Rozakis (President), Tulkens, Bratza, Bonello, Botoucharova, Kovley and Steiner, and Mr E Fribergh (Section Registrar)

Representation Mark Keeley of Freethcartwright Hunt, Nottingham for the applicants.
  C Wholmersley agent for the Solicitor for the Foreign and Commonwealth Office for the United Kingdom
Judgment Dates: 10 October 2002

Catchwords

Human rights - Effective remedy - Arguable claim of convention violation - Investigation - Social services involved in applicants' family for many years - Applicants suffering abuse from stepfather during that time - Applicants claiming violations of Convention right not suffer torture and family life - Applicants unable to obtain remedy through domestic courts - Whether applicants' right to an effective remedy violated - Whether applicants entitled to just satisfaction for non-pecuniary loss - European Convention on Human Rights, arts 3, 8, 13 and 41.

The Case

Although there was no violation of arts3 or 8 in respect of the applicants' claims that the authorities had failed in a positive obligation to protect them from the abuse of their stepfather as it had not been shown that the local authority knew about the sexual abuse, their complaints fell within the scope of the protection of art13 of the European Convention on Human Rights as domestic law provided them with no effective remedy for their grievances. Accordingly, they would each be awarded 5,000 damages for the feelings of frustration and distress.

Practice Areas

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