Supreme Court to hear key case this week on local authority duties to children

The Supreme Court will this week (16-17 July) hear a key case on local authorities’ duties to children living in their areas.

The central issue in Poole Borough Council (Respondent) v GN (Through his Litigation Friend "The Official Solicitor") and another (Appellants) UKSC 2018/0012 is whether the case of D v East Berkshire Community NHS Trust [2004] QB 558 is correct and should continue to govern the position of local authorities.

The background to the case is that the appellants were, at the material times, children. CN suffered from severe physical and learning difficulties.

They were placed in housing by the respondent council, and alleged that before the placement, Poole was aware that a family lived in nearby accommodation who engaged in persistently anti-social behaviour.

This family repeatedly subjected the appellants to significant harassment and abuse, and CN attempted suicide.

The appellants brought claims against the council for breach of a common law duty of care derived from statutory duties under the Children Act 1989.

For discussion of the case until this point, see: The Court of Appeal decision in CN v Poole Borough Council by Paul Stagg of 1 Chancery Lane Chambers and Robert Hams of Wansbroughs.

A number of organisations are intervening in the case: The AIRE Centre; Article 39; The Care Leavers Association; Coram Children's Legal Centre; and the Equality and Human Rights Commission

The case is being heard by a Supreme Court panel comprising Lady Hale, Lord Reed, Lord Wilson, Lord Hodge and Lady Black.

Simpson Millar partner Peter Garsden, who is representing charities Article 39 and The Care Leavers Association, said: “This appeal raises issues of very great public importance, concerning whether a local authority is responsible for protecting young people and children who may not be in a care institution, but are known to be at risk – either from sexual, physical or emotional abuse.

“It affects some of the most vulnerable members of our society and will have far reaching ramifications, and it is absolutely vital that the law is clarified so that abuse survivors can get the answers and access to justice that they deserve, and that will allow them to start to move forward with their lives.”