Paramountcy Principle

Question 1

Where is it found?

Answer 1

Article 3 UN Convention on the Rights of the Child

Section 1(1) Children’s Act “Child’s welfare is paramount consideration”

Question 2

Parents’ involvement in child’s life will be presumed to further child’s welfare

Answer 2

S1(2A) Children Act 1989

Question 3

Local authorities have duty to protect kids from death/serious ill-treatment where they know or should know about kids’ circumstances

Answer 3

Z v UK

Question 4

Local authorities can be held liable for damages for negligently failing to protect children

Answer 4

D v East Berkshire Community NHS Trust

Question 5

Children’s best interests must be considered as a ‘primary consideration’ + weighed against needs of the State

(Illegal immigration case)

Answer 5

ZH (Tanzania)

Question 6

Right to live with biological parent is just one consideration; child’s welfare above all else

Answer 6

Re B [2009]

Question 7

If child is hostile to contact, parent’s duty to convince child to make contact; duty to ameliorate emotional damage caused by withholding child from parent

Answer 7

Re H-B [2015]

Question 8

Objective consideration of child’s best interests may not take into account parents’ wishes

Answer 8

An NHS Trust v MB [2006]

Question 9

Parental rights and powers ‘must be exercised in the best interests of the child’

Answer 9

Re A (Minors) (Conjoined Twins: Medical Treatment) [2001]