SS v ESSEX COUNTY COUNCIL & Ors.

SS v ESSEX COUNTY COUNCIL & Ors.

FF and FM are liable to ECC for the same damage as ECC compensated SS for, specifically severe malnutrition and neglect over an 18-month period prior to SS's removal in May 2009. The evidence established breach of duty by FF and FM as carers, but not physical or sexual abuse or emotional abuse. The just and equitable contribution is assessed at £14,000 for pain and suffering and £10,000 for costs, totaling £24,000.

Parties
Claimant: SS; Litigation Friend: Official Solicitor; Defendant/part 20 Claimant: Essex County Council; Part 20 Defendant: FF; Part 20 Defendant: FM
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Part 20 Claim (contribution/indemnity) / Judgment After Trial
Outcome
FF and FM found liable for contribution to ECC for malnutrition and neglect of SS.
Legal Topics
Contribution Under Civil Liability (contribution) Act 1978, Negligence, Vicarious Liability, Malnutrition, Neglect, Care of Vulnerable Adults
Tort Civil Procedure Child Protection Negligence Contribution Under Civil Liability (contribution) Act 1978 Vicarious Liability Malnutrition Neglect +1 more

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Parties

SS

Claimant

Official Solicitor

Litigation Friend

Essex County Council

Defendant/part 20 Claimant

FF

Part 20 Defendant

FM

Part 20 Defendant

Procedural Posture

Part 20 Claim (contribution/indemnity) / Judgment After Trial

Legal Issues

  1. 1 Are FF and FM liable to ECC for the same damage as ECC compensated SS for?
  2. 2 What is the extent and duration of FF and FM's negligence and neglect towards SS?
  3. 3 What is the just and equitable contribution from FF and FM under the Civil Liability (Contribution) Act 1978?

Ratio Decidendi

FF and FM are liable to ECC for the same damage as ECC compensated SS for, specifically severe malnutrition and neglect over an 18-month period prior to SS's removal in May 2009. The evidence established breach of duty by FF and FM as carers, but not physical or sexual abuse or emotional abuse. The just and equitable contribution is assessed at £14,000 for pain and suffering and £10,000 for costs, totaling £24,000.

Court Disposition

FF and FM found liable for contribution to ECC for malnutrition and neglect of SS.

Orders

  • FF and FM to pay ECC a contribution of £24,000 (£14,000 for pain and suffering, £10,000 for costs).
  • FF and FM to pay 33% of ECC's costs of the Part 20 claim, to be assessed on the standard basis.