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21 September 2022
Issue: 7995 / Categories: Legal News , Human rights , Local government , Child law
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Landmark care challenge

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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