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Court of Appeal dismisses challenge to Historical Abuse Inquiry

In last month’s Update, it was reported that the High Court had dismissed an application for judicial review of the decisions of the Secretary of State to fail to bring Kincora’s Boy’s Home within the remit of a separate Westminster Independent Inquiry into child sexual abuse. 

The decision was appealed and on 27th May 2016 the Court of Appeal dismissed the appeal.  The appellant argued that there was an obligation on the HIA Inquiry to conduct the matter in an Article 3 compliant manner.  However, the Court held that there is no requirement on the Secretary of State to utilise the HIA Inquiry as the vehicle to satisfy any Article 3 procedural obligation and does not require the HIA Inquiry to take on that role.

The Lord Chief Justice stated that, ‘We have decided that the HIA Inquiry is entitled to proceed along the route mapped out by it.  That does not in any way detract from the need to ensure that our obligations to these children are satisfied.’

Read the case summary here.

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