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

Senior Product Support Analyst

Essex County Council
£33512 - £39425 per annum + Hybrid Working
*Experience the best of both worlds with our flexible hybrid working arrangements. Enjoy the freedom to work from home while still benefiting from in England, Essex, Chelmsford
Recuriter: Essex County Council

Security Architect

Essex County Council
£60049 - £70645 per annum + Hybrid Working
This is a 12 month fixed term contract or secondment opportunity.*Experience the best of both worlds with our flexible hybrid working arrangements. E England, Essex, Chelmsford
Recuriter: Essex County Council

Control Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£37602 - £45564 plus shift and weekend allowance
Are you looking for your next opportunity to work as part of a team in a 24-hour emergency control room covering the Boroughs of Richmond and Wandsworth. To be responsible for receiving and logging calls from the public, outside agencies and partners. Use Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Senior User Centered Designer

Essex County Council
£60049 - £70645 per annum + Hybrid Working
Interviews will be held on 29th and 30th October 2025.*Experience the best of both worlds with our flexible hybrid working arrangements. Enjoy the fr England, Essex, Chelmsford
Recuriter: Essex County Council

Network and Communications Lead

Essex County Council
£52621 - £61906 per annum + Hybrid working
Interviews will be held W/C 20th October 2025.*Experience the best of both worlds with our flexible hybrid working arrangements. Enjoy the freedom to England, Essex, Chelmsford
Recuriter: Essex County Council
Linkedin Banner