Source: All England Reporter
Publisher Citation: [2002] All ER (D) 138 (Sep)
Court: European Court of Human Rights
Judge:

Judges Costa (President), Bratza, Loucaides, Bîrsan, Jungwiert, Butkevych, Thomassen and Mrs S Dollé (Section Registrar)

Judgment Dates: 24 September 2002

Catchwords

Human rights - Family life - Positive obligation - Freedom to receive information - Applicant seeking disclosure of his social service records - Local authority failing to disclose records - Whether positive obligation to protect right to family life - Whether failure to disclose records contrary to right to family life - European Convention on Human Rights, art 8.

The Case

Social service records, which contained the principal source of information regarding significant periods of an applicant's formative years, related to his private and family life. Where the applicant had had no right of appeal to any independent body against a refusal of access to those records, there had been a failure to fulfil the State's positive obligation to protect the applicant's private and family life in breach of art8 of the European Convention on Human Rights.

Practice Areas

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