Children taken in to care
Re S (Minors) House of Lord, (2002) UKHL 10
The Court held that primary legislation was not necessarily invalidated because it is incompatible with the Convention rights and Human Rights Act 1998.
The Court further held that it is for Parliament to remedy defects in primary legislation and the Courts could not attribute meanings to Acts which fundamentally departed from them.
This case arose on appeal from the Court of Appeal and related to the extent to which parts of the Children Act 1989 were compatible with the Human Rights Act 1998.
