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.
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