The European Court of Human Rights has held that a UK decision of a public authority to remove a child from its family, on the basis of an incorrect diagnosis, was not a breach of art 8 of the European Convention of Human Rights which provides for the right to respect for private and family life. Rather, the Court held that there was a breach of art 13, the right to an effective remedy, in that there was no adequate remedy at the national level for an incorrect diagnosis.
Detailed case note.
Found in 03. Children and Young People, 2008, European Court of Human Rights, International, s17 - Protection of Families and Children, Select International and Comparative Caselaw