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X v (1) Liverpool City Council (2) C C Merseyside CA 11/10/2005

 
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X v (1) Liverpool City Council (2) C C Merseyside CA 11/10/2005

The LA had obtained an Emergency Protection Order (EPO) in order to protect four children from the risk posed by their F insisting upon driving them to school in the absence of a valid driving licence and in circumstances where he was registered blind. The police power to remove a child under s46 Children Act 1989 could be invoked even where an EPO was in force, but where the Police officer was aware of the existence of the EPO police powers to remove should not be used unless there were compelling reasons to do so, i.e. where it was not reasonably practicable to remove under the EPO. The Police must have regard to the need to protect children from significant harm. Both the Police and the LA (who had played a significant part in the removal by the Police) were found to be in breach of Art 8 ECHR.

Court: Court Of Appeal (England and Wales)


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