A SPECIMEN FREE-STANDING APPLICATION TO BRING UK PROCEEDINGS UNDER s7 HRA1998
– use this if a FINAL CARE ORDER HAS BEEN MADE, otherwise in ongoing care proceedings use Form C2. [ see previous page on this site ]
NB. As it may be argued that a free-standing application is not a family proceeding it may be better to lodge this Application using Claim Form N1, under the Civil Procedure Rules 1998, but LINKING it to a CA 1989 Application for Contact and/or Discharge of the Care Order using Form C2, which secures appointment of a Guardian for the child/children. Alternatively, if the child/ren are subject to a Placement Order, LINK this to an Application for Leave to Revoke the Placement Order, which is a little complex, but involves essentially demonstrating a material change & improvement in circumstances effectively restoring safe, consistent parenting capacity.
FORM TO USE: N1 CLAIM FORM (CPR Part 7), download a blank copy from HMCS website as a PDF Document
IN THE _____________ COURT CLAIM NO.____________
CLAIMANT: [ Applicant Mother/Father/Child]
DEFENDANT: [ Name of Local Authority]
Brief Details of Claim : [The Mother] applies under s 7 of the Human Right Act 1988 for Orders requiring [name of Local Authority] ‘as a Public Authority’ to return the [child/children] to the care of [the Mother]
Value : Nominal and punitive damages are claimed in just satisfaction to name and shame this local authority and publicly expose its blatant impunity.
AMOUNT CLAIMED : £ 1 000, 000 - 00
DOES OR WILL YOUR CLAIM INCLUDE ANY ISSUES UNDER THE HUMAN RIGHTS ACT 1998? Yes
PARTICULARS OF CLAIM: use specimen below to help you to compose your own
1. [Parent’s name,] ‘the Applicant Mother/Father’ [delete as apt] applies under the Human Rights Act 1998, s 6, 7 & 8, for injunctive relief requiring the Local Authority to return the [child/children] to the care of [the Mother].
2. The [child/children] are the subject of care order(s) made on [date] by [HHJ name judge] in the [which] county court.
3. Following the making of the aforesaid care orders, the Local Authority rehabilitated the [child/children] to the care of the [Mother].
4. On [date] without prior notice to the [Mother] the Local Authority removed the [child/children] from her care and in to foster care where the [child/children] presently remain[s].
5. The Local Authority claims that the [child/children] had suffered non-accidental injury whilst in the [Mother’s] care.
6. [The Mother] denies the claim, and/ maintains that if the [child/children] were injured or abused in any way whilst in her care then she was not the perpetrator and the injury or abuse did not involve any failure to protect on her part.
7. In the circumstances the Local Authority has acted and/or proposes to act in a way which is incompatible with a convention right contrary to section 6 of the Human Right Act 1998 in that:
(a) The removal of the [child/children] is an unnecessary and disproportionate interference in the right to respect for family life.
(b) The removal occurred without the [Mother] being sufficiently involved in the decision-making process.
8. In the circumstances the Local Authority’s actions and its proposed retention of the [child/children] in foster care is in breach of Articles 8 with 6 of the convention for the protection of Human Rights and Fundamental Freedoms 1950.
9. In the circumstances, the [Mother] is a victim of the Local Authority’s action within the meaning of section 7(1) of the Human Rights Act 1998.
10. The [Mother] seeks an Order in the following terms:
(a) that the Local Authority by its officers, employees or whoever otherwise be required by injunction:
(i) to return the [child/children] to the [Mother]; alternatively,
(ii) to devise and implement [in consultation with [eg the Guardian / name of expert] and subject to further
injunctive direction of the court, a plan for the rehabilitation of the [child/children] to the [Mother], and,
(b) that the Local Authority be restrained by injunction until further order from pursuing any plan to identify an adoptive placement for the children
11. Further, the [Mother] seeks such other orders or other relief within the jurisdiction of this court as may be necessary or as the court may think fit given its range of powers under BOTH the CA 1989 and the HRA 1998.
Statement of Truth etc….