Children of Prisoners
R v Secretary of State for the Home Department, ex parte Q 2001 UKHRR 1035
The Court held that the prison authorities were entitled to adopt a policy, the aim of which was to serve the best interests of the child.
The Court therefore had to balance the operation of the public interest against the restriction of the right of the person affected.
The appellants had challenged the practice of the prison authorities of automatically removing a child of 18 months of age from mothers in prison where the child was born in prison. Q’s appeal was allowed.
