Family life: substance over form - pleegkind dat volwassen wordt en artikel 8 familieleven
Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 Mr Uddin is a citizen of Bangladesh who was abandoned in London in 2013, aged 13. He was placed with foster carers by the local authority. (...) What is “family life”? The crux of this case, though, relates to what amounts to “family life”. The Senior President provides a useful run through of the key cases on this issue and the very neatly enunciates the principles: The test for the establishment of Article 8 family life in the Kugathas sense is one of effective, real or committed support. There is no requirement to prove exceptional dependency. The test for family life within the foster care context is no different to that of birth families: the court or tribunal looks to the substance of the relationship and no significant determinative weight is to be given to the formal commerciality of a foster arrangement. It is simply a factual question to be considered, if relevant, alongside all oth...