The appeal of the cases of HXA v Surrey County Council and YXA v Wolverhampton City Council has been handed down. The appeals were heard jointly on 7 July 2021 and were handed down on 8 November 2021. The High Court did not overturn the first instance decisions so both cases remain good law: claims for failure to remove can be struck out without the need for a full trial. This decision will be welcomed by defendants.Continue reading
CN & GN v Poole BC  UKSC 25
At long last the awaited decision from the Supreme Court in the case of CN & GN v Poole Borough Council was handed down on 6 June.
All have sympathy with the family’s experience of abuse from neighbours. The issue before the court was whether Poole BC as the local authority with the child care function should be held responsible for the actions of third parties.
The hearing before the Supreme Court took place on 16 and 17 July 2018 and the judgment has been eagerly anticipated by all those involved in litigation against local authorities for alleged negligence in the context of their conduct of child protection statutory duties and powers and whether there is a common law duty of care.
D-Day for failure to remove cases
The long-awaited decision of the Supreme Court in the CN & GN v Poole Borough Council litigation will be handed down at 9.45am on 6 June 2019. This decision will consider the nature and scope of the duties owed by local authorities to children living in their areas, more specifically whether social workers owe a duty to protect children from harm caused by third parties.