The violation of Article 8: Strand Lobben and others v. Norway

In short, legal compliance with the letter as well as spirit of the law is the UK’s Achilles heel:
“The Judgment states “a positive duty lies on the authorities to take measures to facilitate family reunification” and “everything must be done to preserve personal relations and, if and when appropriate, to ‘rebuild’ the family”.

On 10th September 2019, the European Court of Human Rights gave judgement in the case of Strand Lobben and others v. Noraway.

This matter is essential reading for those of us working in child welfare and family justice. It concerns a mother’s appeal in respect of her son’s adoption by his foster family.

The Strasbourg court ruled that the Norwegian child welfare agency had breached the family’s Article 8 Rights to respect for private and family life, due to the inadequate analysis of the mother’s parenting skills at the point of adoption by her foster carers the lack of consideration towards possible reunification.

This case does not rule out adoption against a parents’ wishes. Rather, it emphasises the lengths to which European child welfare agencies should go to to support family reunification.

The Judgment states “a positive duty lies on the authorities to take measures to facilitate family reunification” and…

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