It had been a breach of the parents’ rights under the ECHR to elicit their uninformed consent to the accommodation of their children under section 20 of the Children Act 1989Zambrano carers:consent of parents, uninformed

Facts: Hackney had been entitled to conclude that the children of the family were at risk but, having issued a police protection order, Hackney then failed to provide the parents with full information, but in effect compelled them to sign an agreement whereby Hackney accommodated the children under section 20 of the Children Act 1989. Hackney then continued to accommodate the children, even after parental consent had been explicitly withdrawn.

Judgment: Deputy High Court Judge Robert Francis QC held that whilst the claims in negligence and misfeasance failed, it was equitable to exend time for bringing a claim under the Human Rights Act 1998, despite the length of time that had elapsed, which included protracted proceedings before the ombudsman. He awarded each parent £10,000.00 on account of the interference with their Article 8 ECHR rights.