Regina (KA) v Essex County Council – WLR Daily

Posted February 21st, 2013 in children, human rights, immigration, law reports, local government by sally

Regina (KA) v Essex County Council [2013] EWHC 43 (Admin); [2013] WLR (D) 60

Where an illegal entrant had been refused leave to remain but nevertheless had a substantive claim under the Convention for the Protection of Human Rights and Fundamental Freedoms, for example to a family or private life in this country, that would found an appeal against removal directions if made, it was necessary in for a local authority to consider whether, on the facts, support should be provided under the Children Act 1989 in order to avoid a breach of those rights as part of the procedural protection afforded by the Convention.

WLR Daily, 18th January 2013