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20 June 2019 / James Arrowsmith
Issue: 7845 / Categories: Features , Public , Local government , Community care
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Acts & omissions: establishing the facts

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James Arrowsmith reflects on the possible impact of Poole v GN on defining negligence in the performance of statutory functions
  • Poole v GN provides a clear overarching theory of duty of care in negligence relating to the operation of a statutory scheme, and resolves inconsistencies in earlier authorities.

The Supreme Court decision in Poole Borough Council v GN and another [2019] UKSC 25, [2019] All ER (D) 15 (Jun) addresses key legal principles in relation to duty of care connected with the performance of statutory services by public bodies. Though the case itself is about social care services, the decision is likely to become a reference point on negligence arising from failures to act in a variety of circumstances.

Background

GN, his mother and his brother were housed in a property near a family known to engage in antisocial behaviour. GN and his brother suffered severe harassment as a result. Their mother, through no fault on her part, could not protect them. Both children were identified as children in need by Poole

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