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.

SIGN UP
For your free daily news bulletin
Highways jobs

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Service Manager for the Multi Agency Child Protection Team

Nottingham City Council
£58,602 - £62,109
You will play a pivotal role in leading and shaping child protection practice across Nottingham Nottingham, Nottinghamshire, Hybrid
Recuriter: Nottingham City Council

Head of Regulated Services

Nottingham City Council
£75,323 - £84,396
You will provide strategic leadership for our Residential Children’s Homes, our Fostering Services, and our, Permanence service Nottingham, Nottinghamshire, Hybrid
Recuriter: Nottingham City Council

Head of Children's & Education Services Transformation

Nottingham City Council
£75,323 - £84,396
You will play a critical leadership role in driving Nottingham's ambition to deliver outstanding services for children, young people and families. Nottingham, Nottinghamshire, Hybrid
Recuriter: Nottingham City Council

Assistant Head of Legal Services (Regeneration & Property)

Royal Borough of Greenwich
PO9 - £71,181 - £74,802
The role will involve legal advice and support to committees, members and senior officers, and taking any appropriate measures London (Greater)
Recuriter: Royal Borough of Greenwich
Linkedin Banner