Childcare Resettlement Leave – case significance

We represented both Claimants in the above cases which concerned women prisoners and their temporary release from prison in order to care for their children.

It was decided in these cases that when considering an application for temporary release for the purpose of looking after a prisoner’s own children, two important factors must be taken into account in the decision making process:

a) Article 8 of the European Convention on Human Rights on the right to a family life and Article 3 (1) of the UN Convention on the Rights of the Child; and

b) the individual circumstances of the particular prisoner and her child.