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.'

Banning urban pesticide use image

Banning urban pesticide use

RSPB and PAN are working on a letter from local councillors calling on the Government to introduce a national ban on urban pesticide use. Find out more below.
SIGN UP
For your free daily news bulletin
Highways jobs

Principal Building Surveyor

London Borough of Richmond upon Thames and London Borough of Wandsworth
Salary From £54,048-£68,241 Depending on Skills
Are you a RICS registered Building Surveyor that can deliver from inception to completion? The Design Service team in Richmond and Wandsworth Council’s supports a wide range of essential consultancy services to help maintain the Councils building infr Wandsworth, London United Kingdom
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Maingrade Educational Psychologists - CMB1032

Cumberland Council
£42,424 - £52,678 Solbury A 1-6 (plus up to 3 SPA points)
We are keen to hear from qualified or soon to be qualified colleagues Cumbria / Countywide
Recuriter: Cumberland Council

Parking Enforcement Manager

London Borough of Merton
ME15 £51,093 - £54,129 per annum inclusive
Are you up for a challenge? Merton, London (Greater)
Recuriter: London Borough of Merton

CCTV Manager

London Borough of Merton
ME15 - £51,093 - £54,129 per annum
Are you looking for a new opportunity to work within public space CCTV Merton, London (Greater)
Recuriter: London Borough of Merton

Child and Family Worker

London Borough of Merton
ME9 £35,577 - £36,567 per annum
It's an exciting time to join Merton's Children with disabilities Team. Merton, London (Greater)
Recuriter: London Borough of Merton
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.