CN & Anor v Poole Borough Council [2017] EWCA Civ 2185 (21 December 2017)

CN & Anor v Poole Borough Council [2017] EWCA Civ 2185 (21 December 2017)

The Court of Appeal held that, applying conventional principles of common law and absent an assumption of legal liability, no duty of care arises in this case. The statutory duties relied upon do not give rise to the pleaded common law duties and the claim is artificial, deriving from a housing placement rather than...

Source-derived case information.

Citation
[2017] EWCA Civ 2185
Parties
Claimant/respondent: CN; Claimant/respondent: GN; Litigation Friend: The Official Solicitor; Defendant/appellant: Poole Borough Council
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court, Post Strike Out
Outcome
Appeal allowed; claim struck out.
Legal Topics
Duty of Care, Negligence, Statutory Duties, Children Act 1989, Assumption of Responsibility, Strike Out Applications
Tort Law Public Law Child Protection Duty of Care Negligence Statutory Duties Children Act 1989 Assumption of Responsibility +1 more

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Summary, issues, holding and outcome

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Parties

CN

Claimant/respondent

GN

Claimant/respondent

The Official Solicitor

Litigation Friend

Poole Borough Council

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court, Post Strike Out

Legal Issues

  1. 1 Whether a local authority owes a tortious duty of care to protect children from third-party harassment and abuse
  2. 2 Whether statutory duties under the Children Act 1989 give rise to a common law duty of care
  3. 3 Whether D v East Berkshire Community NHS Trust remains binding authority post-Mitchell and Michael

Ratio Decidendi

The Court of Appeal held that, applying conventional principles of common law and absent an assumption of legal liability, no duty of care arises in this case. The statutory duties relied upon do not give rise to the pleaded common law duties and the claim is artificial, deriving from a housing placement rather than a Children Act decision. The policy reasons articulated in X v Bedfordshire and reaffirmed in Mitchell and Michael preclude the imposition of a duty of care to protect from third-party wrongdoing in these circumstances. D v East Berkshire does not apply to the facts, which do not concern child abuse within the family but harassment from neighbours. The appeal is allowed and...

Court Disposition

Appeal allowed; claim struck out.

Orders

  • The claims of CN and GN against Poole Borough Council are struck out as disclosing no reasonable cause of action.
  • No common law duty of care is owed by the local authority in the circumstances pleaded.