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

Group Leader Plans & Environment M200

Charnwood Borough Council
Grade MGT5 (SCP 146-149) £57,869 - £62,052 + £4,000 Annual Market Supplement until 13 March 2028 (pay award pending)
Charnwood is a vibrant and exciting borough with a population of 183,000 located between the three cities of Leicester, Nottingham and Derby. Charnwood
Recuriter: Charnwood Borough Council

Project Manager

Durham County Council
£50,269 to £54,495 p.a. (Grade 14) Pay Award Pending
An exciting opportunity has arisen for a Project Manager to join the Digital Programme and Communities team. If you have extensive experience in lead Durham
Recuriter: Durham County Council

Education Welfare Officer

Durham County Council
£28,142 - £31,022 pro rata
Required from September 2026 We are looking for an Education Welfare Officer to work with our pastoral team. The objective of the team is to ensure t Durham
Recuriter: Durham County Council

Cook

Durham County Council
£24,796 - £25,185 pro rata
Permenant, part time required from 1 Septmeber 2026 32.5 hrs per week. The Governors of Evergreen Primary School are delighted to invite applications Newton Aycliffe
Recuriter: Durham County Council

Specialist Support Interpreter

Durham County Council
Grade 6 - £28,142 - £31,022 hourly rate on a pro-rata basis (Pay Award Pending)
The ESOL department is a busy area of DurhamLearn (part of Durham County Council’s Education and Skills department) delivering a range of educational Durham
Recuriter: Durham County Council
Linkedin Banner