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.'

Devolution and putting place first image

Devolution and putting place first

The real lesson of Andy Burnham's Makerfield success, argues Dr Jonathan Carr-West, is that place – not personality – is the key to Britain's future.
SIGN UP
For your free daily news bulletin
Highways jobs

Group Leader Highway Design

Salford City Council
£56,288 to £58,267
This influential role is your opportunity to make an enduring impact on one of the fastest growing communities in the North West Salford, Greater Manchester
Recuriter: Salford City Council

Highways Operative

Salford City Council
£29,540-£31,537
Join us as a Highways Operative in Salford to do a daily job that comes with a true sense of pride. Salford, Greater Manchester
Recuriter: Salford City Council

Highways Chargehand / Mason Pavior

Salford City Council
£32,597 - £35,412
This role is key to the on-the-ground delivery of Highway improvement projects and highway repairs in local communities in Salford. Salford, Greater Manchester
Recuriter: Salford City Council

Highways Supervisor

Salford City Council
£47,181 - £50,269
This role is your chance to direct the on-the-ground delivery of highways works and projects at the heart of Salford’s regeneration. Salford, Greater Manchester
Recuriter: Salford City Council

Business Manager - Highways Construction

Salford City Council
£47,181 - £50,269
Your talent for taking care of finances can help to keep Salford’s programme of infrastructure improvements on track. Salford, Greater Manchester
Recuriter: Salford City Council
Linkedin Banner