Posts tagged ‘UK Human Rights Blog’

November 8, 2011

Social Services have both statutory and common law duty to protect children from abuse

Interesting judgement highlighted by the UK Human Rights blog.  Note that the local authority should take steps to safeguard a child’s welfare where they suspect that the child is at risk  – where it is ‘reasonably practicable’ to do so.  So does highlighting the risks at a MARAC constitute making it ‘reasonably practicable’.

 

Social Services have both statutory and common law duty to protect children from abuse

ABB & Ors v Milton Keynes Council [2011] EWHC 2745 (QB)- read judgment

Justin Levinson of 1 Crown Office Row acted for the claimants in this case. He is not the author of this post.

This case concerned the entitlement to compensation for the years of abuse the claimants, three brothers a sister, the youngest, who had suffered at the hands of their father. The older claimants had both suffered regular abuse from an early age until late teens. The third claimant escaped the prolonged abuse suffered by his brothers. The fourth claimant, who was conceived after the defendant social services became aware of the situation, nevertheless endured abuse for five or six years.

The father’s abuse of the older boys came to light in 1992 when the first three claimants were placed on the child protection register and the father moved out of the family home. However charges against him were subsequently dropped and he returned home. The names were removed from the register but the abuse continued.

The facts were not disputed but the principal issue between the parties was that of the quality of social work practice adopted by the defendants’ employees and whether this fell below a reasonable standard.

Statutory and common law negligence

The statutory basis of the defendants’ duties is set out in Section 47 of the Children Act 1989.  Put simply, that section requires any local authority, which suspects that a child in its area is at risk, should take steps to safeguard the child’s welfare. However this duty only arises if it is within the authority’s power and it is “reasonably practicable”  for them to do so. The section does not, in itself, provide a civil cause of action for those who assert that the duty has not been complied with.  There is in addition to the statutory duty a common law – or judge-made – basis for the duty of care in the event of suspected child abuse is to be found in  D and others v East Berkshire Community Health [2003] EWCA Civ 1151.

Read the full post at Social Services have both statutory and common law duty to protect children from abuse « UK Human Rights Blog.