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Legal update

31 August 2022 A brief summary of the Court of Appeal decision in HXA v Surrey County Council and YXA v Wolverhampton City Council

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].

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Published articles

9 March 2022 Do local authorities owe a duty of care to children living at home with their family?

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.

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Blog

21 January 2022 ‘Failure to Remove’ Claims brought Pursuant to the Human Rights Act 1998

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.

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Legal update

8 November 2021 Settled law on failure to remove negligence claims: does section 20 of the Children Act 1989 create a lasting duty of care?

The judgment in YXA v Wolverhampton City Council [2021] is significant for several reasons.

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Blog

25 July 2018 The Government is warned of the chronic lack of secure accommodation

His Honour Judge Gareth Jones, a Family Court Judge in North Wales, has recently publicised his views in relation to the availability of secure accommodation for young people, as he stated that the “situation has become a serious one.”

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Blog

1 February 2018 Hope for defendants seeking strike out or discontinuance pending an appeal

Following a recent case, many claimants’ solicitors are requesting limitation moratoriums or stays in ‘failure to remove’ claims pending any appeal.

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Blog

13 January 2017 The Children and Social Work Bill debate

The Children and Social Work Bill is due to be debated by a House of Lords committee on Tuesday. The Bill proposes to exempt local authorities from certain requirements imposed by children’s social care legislation in order to test new innovative ways of working.

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Blog

17 December 2015 Children in care should be a priority for mental health services

It has been reported that mental health services are turning looked-after children away as they do not fit the criteria for treatment

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Blog

13 September 2013 Information sharing - getting it right

It has been announced that the Government is to publish a report on children’s homes, after Michael Gove stated that he thought the rules surrounding information sharing may have placed already vulnerable children in danger.

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Blog

1 December 2011 Social services are affected more by government spending cuts than predicted

George Osborne’s Autumn Statement was issued on 29 November 2011.

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