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

Vocational Trainer - First Aid - South Essex

Essex County Council
Up to £18.38 per hour
Vocational Trainer - First Aid - South EssexTemporary, Part Time£18.38ph/£136.04 Per Day (PAYE)Location
Recuriter: Essex County Council

Learning Support Lead

Essex County Council
£29467.0000 - £34667.0000 per annum
Learning Support LeadPermanent, Full Time£29,467 to £34,667 per annumLocation
Recuriter: Essex County Council

Senior Support Worker - D-BIT, Connecting and Uniting Families

Essex County Council
£26284.0000 - £33256.0000 per annum
Senior Support Worker - D-BIT, Connecting and Uniting FamiliesFixed Term, Full Time£26,284 to £33,256 per annumLocation
Recuriter: Essex County Council

Approved Mental Health Practitioner

North Yorkshire Council
£42,839 to £47,181 per annum, Plus £3,900 market supplement
This is an exciting time to join us as we review and shape services to meet the future needs of people across North Yorkshire and the City of York. Selby, North Yorkshire
Recuriter: North Yorkshire Council

Approved Mental Health Practitioner

North Yorkshire Council
£42,839 to £47,181 per annum, Plus £3,900 market supplement
This is an exciting time to join us as we review and shape services to meet the future needs of people across North Yorkshire and the City of York. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner