Committee publication · Correspondence · 22 May 2026
Correspondence from Jake Richards MP, Minister for Sentencing, dated 20 May 2026: Implementation of SW v UK
From: Justice Committee
Summary
Minister Jake Richards informs the Justice Committee Chair that a draft Remedial Order to implement the European Court of Human Rights judgment in SW v UK was laid before Parliament on 18 May 2026. The order amends section 9(3) of the Human Rights Act 1998 to allow damages for judicial acts breaching Article 8 rights, following an ECtHR finding that a social worker was denied fair process and an effective remedy when a Family Court judge made adverse findings without adequate opportunity to respond.
Key findings
- ECtHR found violations of Article 8 (right to respect for family and private life) and Article 13 (right to effective remedy) in SW v UK case; damages awarded and paid.
- Original Family Court judgment (October 2014) made adverse findings against social worker without adequate opportunity to respond; Court of Appeal (November 2016) found the process 'manifestly unfair' and set aside findings.
- Section 9(3) HRA previously prevented damages for judicial acts done in good faith; remedial order amends this to address the incompatibility identified by ECtHR.
- Joint Committee on Human Rights (October 2025) recommended broader, principled exceptions to section 9(3) or removal of the provision entirely, but Government considers current draft scope sufficient.
- Government will undertake wider review of section 9(3) separately; remedial order has UK-wide extent and devolved administrations and senior judiciary have been notified.
Tone
ProceduralTopics
Key actors
Jake Richards MP, Andy Slaughter MP, SW (social worker applicant), European Court of Human Rights, Joint Committee on Human Rights, Lady Chief Justice of England and Wales, Lady Chief Justice of Northern Ireland, Lord President of the Court of Session
Notable line
“… the process by which the judge arrived at these criticisms of the applicant was "manifestly unfair to a degree which wholly failed to meet the basic requirements of fairness established …”
Key Quotes
“… manifestly unfair to a degree which wholly failed to meet the basic requirements of fairness established under Art 8 and/or common law”
“… we consider the scope of the draft Remedial Order sufficient to address the incompatibility identified by the ECtHR in SW v UK , whilst respecting the principle of judicial immunity.”
“… we will undertake a wider review of the operation of s.9(3) separately to the implementation of this judgment.”
Source · parliament.uk record ↗