William Eichler 18 May 2023

Court clarifies council obligations under Human Rights Act

Court clarifies council obligations under Human Rights Act  image
Image: nampix/Shutterstock.com.

There is no requirement for children to be in the care of a local authority for the obligations under the Human Rights Act to arise, Court of Appeal rules.

The court considered the case of AB, a former looked after child, who claimed that Birmingham and Worcestershire councils failed to remove him from an abusive home environment. 

The local authorities had argued in the High Court that the Human Rights Act could not be used to bring this claim as AB was not already in their care.

The High Court concluded that the treatment AB endured in the care of his mother and known to the authorities was not serious enough to have breached his human rights.

The Court of Appeal upheld this ruling, but clarified that there is no requirement for children to already be placed in the care of a local authority for the obligations under Article 3 of the Human Rights Act—the article covering freedom from torture and inhuman or degrading treatment—to arise.

Anna Moore, partner at Leigh Day acting for AB in the appeal, said: ‘This case will have significance for many people like AB who, as children, should have been removed from abusive and neglectful environments, but the authorities responsible for their care did not step in to protect them.

‘The Court of Appeal has now unequivocally confirmed that the Human Rights Act can be used to bring claims in these circumstances. This means that others may seek redress when they have faced serious abuse and neglect and action was not taken to protect them.’

A spokesperson for Worcestershire County Council said: ‘We respect and acknowledge the ruling made by the Court of Appeal.’

Sign up here to recieve our free daily news and jobs bulletin.

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Head of Operations & Business Development - Amphora Colchester

Essex County Council
Up to £60000.0000 per annum
Head of Operations & Business Development - Amphora Colchester Colchester AmphoraSalary
Recuriter: Essex County Council

Technical Assistant

Essex County Council
Up to £25959.0000 per annum
Technical AssistantPermanent, Full Time£25,959 per annumLocation
Recuriter: Essex County Council

Assistant Director of Culture, Growth and Infrastructure

City of York Council
£86,537 – £95,898 plus benefits and relocation support
This is a new, pivotal and exciting opportunity for an inspiring leader to help shape York's future prosperity... West Offices York (minimum 3 days per week) / Hybrid working
Recuriter: City of York Council

Adults Social Worker - Early Help & Wellbeing (South Essex)

Essex County Council
£36124 - £51834 per annum + Flexible Working, Hybrid Working
This advert is open to Experienced and Newly Qualified Social Worker's (NQSW) with relevant experience in Mental Health. The starting salary for a NQ England, Essex, Basildon
Recuriter: Essex County Council

Part-Time Business Support Administrator

Essex County Council
£25959.00 - £28786.00 per annum + Full Time Equivalent
Part-Time Business Support AdministratorFixed Term, Part Time£25,959 - £28,786 Per Annum (Full Time Equivalent) Location
Recuriter: Essex County Council
Linkedin Banner