Important Success for LN in Parental Rights

August 2, 2009 by Lewis Nedas 

Nick Wragg recently represented a woman facing an allegation of child neglect. Police had attached a condition of her bail forbidding contact with her children other than via an approved social worker, however her next bail to return date was set for many months in the future whilst police carried out further investigations, and this effectively increased (by the back door) the statutory period depriving parental rights in such a situation.

Nick successfully applied to the Court arguing that this  condition necessarily offended s3(a)5 of the Bail Act 1976 and breached the European Convention on Human Rights. Additionally the police had failed to carry out ABE interviews expeditiously.

The Court agreed with Nick’s submissions and drastically reduced the next bail period. The date expired and Nick again sucessfully argued that the condition be withdrawn.

Nick was assisted by the very able James Stansfield of Great James Street Chambers who acted and advised pro bono in this case.

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