Z v United Kingdom [2002] 2 FLR 612

European Court of Human Rights

Basic Facts: Claimants argued that the UK’s failure to remove abused children from harmful situations breached their human rights.

Issue: Are claimants entitled to damages for a council’s failure to act on child abuse under domestic law and European human rights law?

Held: The welfare system failed to protect the children from severe neglect and abuse, violating Article 3 of the European Convention on Human Rights.

• European Court of Human Rights:

• The UK’s actions breached Article 3 of the Convention (prohibition of torture).

• Article 13 was breached due to lack of an effective remedy in domestic law for the violation.

• HRA 1998 had not yet come into force, so the remedy was through the European Court’s judgment.