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Could This Case Be the End of Failure to Take Into Care Claims? - Malcolm Johnson, BL Claims

02/10/17. Judgment awaited in the case of CN & GN v Poole Borough Council.

Failure to take into care claims are typically brought by children whose predicament has become known to social services, but who have been left in that predicament i.e. with abuse parents.

Following Z v United Kingdom [2001] 34 EHRR 3 and subsequent authorities including in particular D v East Berkshire NHS Trust & Others [2004] QB 558 in the Court of Appeal a duty of care at common law can be owed by a local authority to children residing in its geographical area to protect them from harm, including personal injury. That duty is not owed to parents who suffer loss in these circumstances. In D the Court of Appeal dismissed the appeals by the parents. Their position was held to be quite different to that of their children, When assessing what action needed to be taken, the local authority had a conflict of interest which made it unfair that should owe a duty to both parents and children. That decision was upheld by the House of Lords.

The duty of care towards children in these situations has been applied in subsequent cases...

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