Right to family life
Article 8 of the Eurpean Covention on Human Rights states;
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The right to respect for privacy and family life is not absolute. It can be restricted if done in accordance with the law, in a manner that is proportionate and in order to meet one of the specified purposes set out in Article 8 (2).
Notwithstanding this, NAFP, working with Fostering Through Social Enterprise, do not believe that the the application of terms within significant fostering contracts comply with Article 8. They would have the impact of ending any placement for a child in care if an annual review of cost between the local authority and service provider cannot be agreed. This would clearly impact adversely upon the child’s family and home life. Legal advice suggests that it would be very difficult to successfully use national economic wellbeing arguments to justify the ending of foster placements as being ‘necessary’, particularly given the vulnerability of the children involved.