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21 September 2022
Issue: 7995 / Categories: Legal News , Human rights , Local government , Child law
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Landmark care challenge

A former looked-after child can bring a human rights claim against council authorities for failing to remove him from the care of his mother soon enough, the Court of Appeal has agreed.

The court granted permission this month for the appeal to proceed and the landmark case is due to be heard next year.

In AB v Worcestershire County Council & Anor [2022] EWHC 115 (QB), AB (via a litigation friend) argued he should have been removed at an earlier date to save him from the abuse and neglect he suffered. He brought claims for breach of Art 3 and Art 6 of the Human Rights Act 1998. Margaret Obi, sitting as a deputy High Court judge, struck out the claims after a successful application by the local authorities, stating there was ‘no realistic prospect’ of the Art 3 claim succeeding, nor did the Art 6 claim disclose a legally recognisable claim.

However, AB (via his litigation friend) argued the judge had misapplied the test to determine whether a duty arises under Art 3, and sought permission to appeal, which has now been granted.

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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