CN & Anor v Poole Borough Council [2016] EWHC 569 (QB) (16 March 2016)

CN & Anor v Poole Borough Council [2016] EWHC 569 (QB) (16 March 2016)

The Court of Appeal's decision in D v East Berkshire remains binding and has not been overruled by Mitchell or Michael. There is no absolute bar to a negligence claim by children against a local authority for failure to protect them from harm. Whether a duty of care exists depends on the facts and is not suitable for summary disposal. The Master erred in striking out the claims of CN and GN.

Citation
[2016] EWHC 569 (QB)
Parties
Claimant/appellant: CN; Claimant/appellant: GN; Defendant/respondent: Poole Borough Council
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Appeal / Appeal From Order Striking Out Negligence Claims
Outcome
Appeal allowed
Legal Topics
Negligence, Duty of Care, Local Authority Liability, Children's Rights, Striking Out Applications
Tort Law Public Law Child Law Negligence Duty of Care Local Authority Liability Children's Rights Striking Out Applications

Case Brief

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Parties

CN

Claimant/appellant

GN

Claimant/appellant

Poole Borough Council

Defendant/respondent

Procedural Posture

Appeal / Appeal From Order Striking Out Negligence Claims

Legal Issues

  1. 1 Whether a local authority owes a common law duty of care to children in its area to protect them from harm, specifically risk of personal injury, in the context of anti-social behaviour and statutory duties under the Children Act 1989 and 2004.
  2. 2 Whether the claim by CN and GN discloses a reasonable cause of action in negligence against the Council.

Ratio Decidendi

The Court of Appeal's decision in D v East Berkshire remains binding and has not been overruled by Mitchell or Michael. There is no absolute bar to a negligence claim by children against a local authority for failure to protect them from harm. Whether a duty of care exists depends on the facts and is not suitable for summary disposal. The Master erred in striking out the claims of CN and GN.

Court Disposition

Appeal allowed

Orders

  • Order striking out the claims of CN and GN set aside
  • Anonymity Order granted for CN and GN