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Landmark care challenge

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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