02.17 How important are the child’s best interests when taking ALN decisions?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Complex
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.
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