01482 778 463
Client Focussed
No Win No Fee
Specialist Legal Teams
Hudgell Solicitors™ | Latest News | Supreme Court to make crucial ruling over local authority care claims and justice for children

Supreme Court to make crucial ruling over local authority care claims and justice for children

Sad Boy Looking Outside While Holding Glass Window


Over the past few years a number of children have brought damages claims against their local authorities for failing to take them into care, when it was plain they had been at risk within their own families.

Such cases are usually referred to as ‘failure to intervene’ or ‘failure to remove’ children known to be at risk.

Children already in care are also currently able to sue local authorities, and in one case, a child put through 40 different foster placements received compensation from the local authority.

However, what duty of care do local authorities owe children in their area to protect them from harm by third parties, and in situations where it is not parental neglect or harm at home which is the cause of suffering?

This is an area of law which set to come consideration in July of this year at the UK Supreme Court, when the claimants in the case of CN & GN v Poole Borough Council appeal a decision of the Court of Appeal.

It is a hearing which could have far-reaching consequences with regards to justice for children who are let down and exposed to harm by others.

Children were abused by another family having been rehomed by council

The Claimants in the case were two children (one of whom was severely disabled). They alleged that the defendant local authority had negligently failed to take appropriate and necessary steps to safeguard them.

They children were the target of prolonged abuse perpetrated by members of another family who lived on the estate on which they were housed by the defendant authority, between May 2006 and December 2011.

The local authority apologised for what happened to them, and so the two children brought a claim directly against the local authority.

However, as the law stands courts are very reluctant to say that a local authority owes a duty of care to people in this kind of position, and the claims were struck out.

Supreme Court decision must bring clarity over local authorities’ duty of care

The claims have risen through the courts right to where we now stand.

They were initially reinstated on appeal, but then the local authority went direct to the Court of Appeal which ruled this was a case where the local authority had no duty of care towards these unfortunate children.

The Claimants’ lawyers had tried to argue that under the Children Act 1989, the local authority should have done more for them, and they are now heading to the UK Supreme Court to fight it out.

The Supreme Court ruling, which should follow soon after the hearing, could have a big impact on claims in the future. It must bring clarity over the full extent of a local authority’s duty of care.

Given our work in acting for children in the care system at Hudgell Solicitors, it is a matter we will be watching closely, and a ruling we hope ensures the legal process of pursuing justice for children is not compromised in any way.

 

 

 

 

No Comments

Leave a Reply

*Required

The Author

author image

Malcolm Johnson

Senior Solicitor

mj@hudgellsolicitors.co.uk

Request a callback

Request A Callback

I am an existing client.










Or call us FREE on:

01482 778 463


trust pilottrustpilot startrustpilot startrustpilot startrustpilot startrustpilot star

The data you submit will only be used by Hudgell Solicitors and only for the purpose of dealing with your enquiry.
See full privacy policy.

Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful

"Listened too, great advice and feel rejuvenated by their response. Really helpful feedback and will… "

Mr Procter

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great Service

"Hudgell Solicitors dealt with my case very quickly and effectively. The contact and communication was… "

Tracy

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Fantastic service

"Fantastic service, on the ball with everything and good outcome"

Hayley coleman

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very professional

"Very professional, took all the stress off my hands and very pleasant to deal with.… "

Steve

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgsell’s were our insurers with…traffic accident in France - successful claim.

"Hudgsell’s were our insurers with regard to road traffic accidents occurring abroad, (France) we were… "

P. Nevitt

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always honest with there appraisal and…

"Always honest with there appraisal and willing to listen"

Tim Edge/

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Made the whole holiday illness claim…

"Made the whole holiday illness claim stress free. Updates given regularly- overall a pleasure to… "

Kate

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I was fortunate to find Hudgell…

"I was fortunate to find Hudgell Solicitors after having an official complaint upheld. After I… "

James Henderson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great service

"Great service. Kept informed at all times. Good results"

ROY NAYLOR

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very professional and pleasant…

"Very professional and pleasant solicitors .. kept me up to date and was very prompt… "

Julie

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Recommended!

"Friendly, Helpful, and fair. Would recommend Hudgells to anyone I know."

Paul

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly professional service.

"Excellent service all way through."

Sakina begum

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Thrilled

"After not knowing what to do, hudgell have helped me thoroughly through the process and… "

Adam Shutt

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

helpful informative efficient and…

"helpful informative efficient and friendly these are all the qualities I found with the firm… "

Sharon Coultas

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

it took a long time but i definitely…

"it took a long time but i definitely got the result i wanted and deserved… "

Jan Mack

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very good efficient service

"Very good efficient service"

Amelia Jacobs

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service throughout my case

"Excellent service throughout my case Handled with ease and quickly"

Wayne Carter

Rated 9.1 out of 10 based on 478 reviews

Powered by Trustpilot

Our offices

London

55 Fleet Street
EC4Y 1JU
DX 437 Chancery Lane

VIEW DETAILS

Hull

No 2 @ The Dock
46 Humber Street
HU1 1TU
DX 11923 Hull

VIEW DETAILS

Leeds

10 Park Place
Leeds
LS1 2RU
DX 744770 Leeds 19

VIEW DETAILS

Manchester

1 St Peter’s Square
Third Floor
Manchester
M2 3AE

 

VIEW DETAILS

© 2019 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90