Council to pay £10k damages over failure to act in child protection case

Swansea City Council has been found to have breached an 11 year old’s rights under Articles 6 and 8, with the judge ordering the authority to pay the child £10,000 in damages to the child.

Kirsty Brimelow QC of Doughty Street Chambers, who acted for the child’s guardian, said the case concerned a boy who Swansea attempted to rehabilitate with his alcoholic mother for a sustained period.

The council failed to keep adequate records of the rehabilitation and safety plan, which adversely affected child protection proceedings.

When a further instance arose of the mother showing a lack of capacity to care for the child - by threatening to kill herself in front of him - Swansea instigated a public law outline.

It though delayed issuing proceedings for a further five months, which the court found had breached the child’s rights and it awarded damages.

Ms Brimelow told Local Government Lawyer: “There wasn’t a judgment as it settled. However, the judge made a public declaration attached to the Children Act order.  

“It is an important order in that it is a case where there was a failure to act by the local authority rather than specific action around removing a child from the family. The level of the damages also is significant.”

Mark Smulian