Q:

02.17 How important are the child’s best interests when taking ALN decisions?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 0 Yes
  • 0 No
  • 1 Other

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  • 01 Nov 2024
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    Can't answer yes or no.:

    The best interests of a child should be a “primary consideration” for decision makers: Art 3(1) UNHRCR & s.7 ALNET

    The child’s best interests are not more important than other factors. Section 1(1) of the Children Act 1989 (also known as the “paramountcy principle”) does not apply to ALN appeals: LB Richmond upon Thames v AC [2017] UKUT 173

    Where a child lacks capacity to understand information, documents given or what it means to exercise their legal rights under Part 2 ALNET the ETW has the power to appoint a case friend to represent the child and take decisions on their behalf: s.85 ALNET

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team