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 a child against a local authority for failure to safeguard them from abuse. Whether a duty of care exists depends on the facts and cannot be determined on a strike-out application. The Master erred in striking out the claims of CN and GN; the claims should proceed to factual investigation.

Citation
[2016] EWHC 569
Parties
Claimant/appellant: CN; Claimant/appellant: GN; Defendant/respondent: Poole Borough Council
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Appeal (civil Negligence) / Appeal From Order Striking Out Claim
Outcome
Appeal allowed; order striking out claims set aside.
Legal Topics
Negligence, Duty of Care, Local Authority Liability, Children's Rights, Statutory Duties, Human Rights
Tort Law Public Law Child Law Negligence Duty of Care Local Authority Liability Children's Rights Statutory Duties +1 more

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Parties

CN

Claimant/appellant

GN

Claimant/appellant

Poole Borough Council

Defendant/respondent

Procedural Posture

Appeal (civil Negligence) / Appeal From Order Striking Out Claim

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 a child against a local authority for failure to safeguard them from abuse. Whether a duty of care exists depends on the facts and cannot be determined on a strike-out application. The Master erred in striking out the claims of CN and GN; the claims should proceed to factual investigation.

Court Disposition

Appeal allowed; order striking out claims set aside.

Orders

  • Order striking out the claims of CN and GN is set aside.
  • Anonymity Order granted for CN and GN until further order or judgment in the substantive hearing.