William Eichler 21 September 2022

Former looked-after child to appeal abuse case

Former looked-after child to appeal abuse case  image
Image: nampix/Shutterstock.com.

The Court of Appeal has agreed to hear an appeal in a case brought by a former looked-after child (“AB”) against Birmingham City Council and Worcestershire County Council.

AB, who suffered abuse and neglect while in the care of his mother, argues that he should have been removed from his mother’s care at an earlier date and by not doing so the councils contravened the Human Rights Act.

Worcestershire County Council provided AB with accommodation on several occasions in 2013. In May 2015, he was made the subject of an interim care order and a final care order was made in January 2016.

AB brought claims for breach of Article 3 [freedom from torture and inhuman or degrading treatment] and Article 6 [right to a fair hearing] of the European Convention on Human Rights.

However, the claim was struck out after a successful application by the local authorities.

The Deputy High Court judge ruled in favour of the councils, stating that ‘there is no realistic prospect of AB establishing there was a “real and immediate” risk of the ill treatment falling within the scope of Article 3. Nor is there a realistic prospect of establishing that the defendants knew or ought to have known of the existence of a “real and immediate” risk of Article 3 treatment.’

The judge also stated that the Article 6 claim did not disclose a legally recognisable claim.

AB applied for permission to appeal the decision to strike out the claim. He argued that the Judge had misapplied the test to determine whether a duty arises under Article 3 in looking at the facts of this case.

The court granted permission for the appeal to proceed and it will be listed for final hearing in 2023.

A spokesperson for Worcestershire County Council said: 'We do not comment on specific details of individual cases. We are aware that the Court of Appeal has given permission for an appeal for a decision involving Worcestershire County Council and we are unable to comment further at this stage of the judicial process.'

SIGN UP
For your free daily news bulletin
Highways jobs

Functional Family Therapy Practitioner

Cheshire East Council
£43,149 - £49,658
Do you want to be part of an innovative service that delivers evidence-based interventions and helps families thrive? Macclesfield, Cheshire
Recuriter: Cheshire East Council

Director of Adult Social Care

Nottingham City Council
£101,636 - £112,285 per annum (SLMG1)
As a key member of the Directorate Leadership Team, you will provide visible and effective leadership Nottinghamshire
Recuriter: Nottingham City Council

Director of Adults Service Development

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
This is a strategic improvement and assurance leadership role focused on driving the Adults Social Care improvement journey Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Adult Social Care and Commissioning Director Roles

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
This is an exciting time to join Nottingham City Council and help shape the future of Adult Social Care for the city.  Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Director of Education

Nottingham City Council
£109,702 - £113,977 (Soulbury Grade 47 – 50)
We are now seeking visionary senior leaders to help shape the next phase of Nottingham's improvement journey. Nottingham, Nottinghamshire, Hybrid
Recuriter: Nottingham City Council
Linkedin Banner