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Legal Executive
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
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On 31 August 2022, the Court of Appeal handed down the Judgment in respect of the appeal case of HXA v Surrey County Council and YXA v Wolverhampton City Council [2022].
For decades claimant and defendant lawyers alike proceeded on the basis that it was at least hypothetically possible, depending on the facts of each case, for a local authority to owe children living at home with their parents a common law duty of care.
Following the Supreme Court decision in CN & GN -v- Poole Borough Council [2019] and other subsequent cases, it is now established law that the mere fact that various steps are taken by local authorities in the discharge of its child protection functions is not enough to give rise to an assumption of responsibility.
Mowbray HouseCastle Meadow RoadNottinghamNG2 1BJ