Gov silent over damages to family in children's home row

Wednesday 29 May 2024

The Government has agreed to pay damages to a family after a father was blocked from collecting his young daughter from a care home – but is refusing to disclose the sum.

The case centres on whether care home staff and police officers breached the human rights of the father and his daughter – who cannot be named – by keeping the child in a care home against the wishes of her parent.

In 2021, the young girl was put into care home accommodation with the consent of her mother.

This put the child under the care of the Minister for Children and Education, a position held at the time by Deputy Scott Wickenden.

One evening, the father – who has parental responsibility for the child – attempted to remove his daughter from the accommodation in which she had been placed.

Police were called to the care home, and prevented the father from taking his child.

The police officers gave a lawful order to the father to leave the area. When he remonstrated, he was told that he could be arrested for conduct likely to cause a breach of the peace.

Pictured: The case against the Police Chief remains ongoing in the Royal Court.

Following this, the father and daughter launched a legal case against the Children's Minister and the Police Chief, who is responsible for the actions of his officers.

The claim alleged that the care home staff and the police officers breached the father and daughter’s right to respect for family life under Article 8 of the European Convention for the Protection of Human Rights by keeping the child in care home accommodation "without lawful authority”.

Article 8 of the European Convention for the Protection of Human Rights states that "everyone has the right to respect for his private and family life, his home and his correspondence”.

Whilst legal action against the Police Chief is ongoing, it has now emerged that the Government has admitted liability for breaching the father and daughter's right to respect for family life – and agreed to pay damages.

Following inquiries from Express, the Government refused to confirm how much was paid in damages.

The Government of Jersey said: “We are unable to disclose the amount in damages or comment on the legal proceedings in this case.”