Dundee City Council v M

February 27, 2004 | No Comments

For Article 6(1) to be engaged there first requires to be a “determination” whether of an individual’s “civil rights and obligations” or of “any criminal charge against him.”   

The court held that recommendations regarding the future welfare and adoption of a child made by a local authority’s adoption and permanence panel did not engage the natural parent’s right under Article 6.  These decisions did not result in any determination of the parents rights which occurred instead at the stage of the local authority applying to the court for a freeing order.

Full opinion available here

Art. 06 Right to a Fair Trial, Child & Family Law, Civil Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.