best interests of the child CASES
In English law, the best interests of the child principle ensures that a child’s welfare is the paramount consideration in decisions affecting them, especially in family law and child protection proceedings.
Definition and Principles
The principle, embedded in the Children Act 1989 and international conventions such as the UN Convention on the Rights of the Child, requires that decisions prioritise children’s emotional, physical, educational, and developmental needs above other considerations.
Common Examples
- Custody or contact decisions during parental separation.
- Adoption or fostering assessments.
- Immigration cases involving family reunification.
Legal Implications
- Courts must explicitly consider and justify decisions based on a child’s welfare.
- Ensures children’s rights are central in legal proceedings affecting them.
Practical Importance
Understanding the “best interests” principle guides practitioners, parents, and authorities in making child-centred decisions, ensuring children’s welfare remains the highest priority.
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The Supreme Court allowed an appeal against extradition to Poland. It ruled that extraditing the appellant, a long-term UK resident with a British family, would be a disproportionate breach of his right to family life under Article 8 ECHR due to the exceptionally severe impact on his children. Facts The appellant, Mr Michal Andrysiewicz, is a Polish national who has resided in the United Kingdom since 2007. He is married with two young British children and is fully integrated into UK society. In 2022, the Circuit Court in Lodz, Poland, issued a Trade and Cooperation Agreement warrant seeking his extradition
The Supreme Court ruled on the case of a terminally ill child whose parents wished to pursue experimental treatment abroad. The Court affirmed that moving the child to palliative care was in her best interests, prioritising her welfare and dignity over parental wishes. Facts The case concerned Zainab Abbasi, a six-year-old girl suffering from Niemann-Pick disease, a rare and fatal neurodegenerative condition. Medical experts at the Newcastle upon Tyne Hospitals NHS Foundation Trust were unanimous in their opinion that her condition was irreversible, progressive, and that she was nearing the end of her life. They concluded that further life-sustaining treatment
