CN & Anor v Poole Borough Council

CN & Anor v Poole Borough Council

A local authority does not owe a common law duty of care to protect children from harm caused by third parties, including harassment and abuse, in the absence of an assumption of responsibility or creation of risk. D v East Berkshire is overruled by subsequent Supreme Court decisions. The claim as pleaded is unsustainable and discloses no reasonable cause of action.

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
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; claim struck out
Legal Topics
Duty of Care, Negligence, Children Act 1989, Assumption of Responsibility, Liability for Third Party Acts, Strike Out Applications
Tort Law Child Welfare Law Public Law Duty of Care Negligence Children Act 1989 Assumption of Responsibility Liability for Third Party Acts +1 more

Case Brief

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Parties

CN

Claimant/respondent

GN

Claimant/respondent

The Official Solicitor

Litigation Friend

Poole Borough Council

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

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 private law duty of care
  3. 3 Whether D v East Berkshire remains good law after Mitchell and Michael

Ratio Decidendi

A local authority does not owe a common law duty of care to protect children from harm caused by third parties, including harassment and abuse, in the absence of an assumption of responsibility or creation of risk. D v East Berkshire is overruled by subsequent Supreme Court decisions. The claim as pleaded is unsustainable and discloses no reasonable cause of action.

Court Disposition

Appeal allowed; claim struck out

Orders

  • Order of Master Eastman restored; claims struck out as disclosing no reasonable cause of action