header-logo header-logo

Landmark care challenge

21 September 2022
Issue: 7995 / Categories: Legal News , Human rights , Local government , Child law
printer mail-detail
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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll