Human rights
AB (by the Official Solicitor, his litigation friend) v Worcestershire County Council and another [2022] EWHC 115 (QB), [2022] All ER (D) 76 (Jan)
The Queen’s Bench Division allowed the defendant councils’ application for summary judgment, and struck out the claim based on art 6 of the European Convention on Human Rights, in circumstances where the claimant had been abused by his mother while he had lived in the second defendant’s local authority area from 2005 to 2011, and the first defendant’s until 2016, but had not been made the subject of a care order until 2015. With regards to the strike out application, the claimant’s art 6 claim, that he had a civil right to be taken into care, disclosed no legally recognisable claim given that a child has no right to seek a care order or have one made in respect of their care. Only a local authority is empowered to make such an application and in doing so the authority is not acting on behalf of the child. In relation to the application for summary judgment, while
