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

Shovel Driver Plant Operative - Essex Waste Transfer Stations

Essex County Council
£23344.0000 - £27033.0000 per annum
Shovel Driver Plant Operative - Essex Waste Transfer StationsPermanent, Full Time£23,344 to £27,033 per annumLocation
Recuriter: Essex County Council

Senior Business Support Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£34,292 – £41,554 per annum
Senior BusinessSupport OfficerWands... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Lean Six Sigma Business Improvement Manager

Telent
Car Allowance
Lean Six Sigma Business Improvement Manager Hybrid Role - Attend our office based at E16 on average 2 days a week and the rest remote. Telent is a England, London, Docklands
Recuriter: Telent

Chief Executive Officer

Oldham Council
£179,420 to £200,623 
 Oldham Council is on the brink of something amazing.   Oldham, Greater Manchester
Recuriter: Oldham Council

Chief Executive

Barnet London Borough Council
£206,492 – £218,002
Barnet is a borough with much to be proud of. Barnet (City/Town), London (Greater)
Recuriter: Barnet London Borough Council
Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.