CN & Anor v Poole Borough Council

CN & Anor v Poole Borough Council

The Court of Appeal's decision in D v East Berkshire remains binding and removes the absolute bar to negligence claims by children against local authorities for failure to protect them from harm. The issue of whether a duty of care exists must be determined on the facts and is not apt for summary disposal. The Master erred in striking out the claims.

Parties
Claimant/appellant: CN; Claimant/appellant: GN; Litigation Friend: Official Solicitor; Defendant/respondent: Poole Borough Council
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Appeal / Appeal Against Order Striking Out Negligence Claims
Outcome
Appeal allowed; order striking out claims set aside
Legal Topics
Negligence, Duty of Care, Local Authority Liability, Children Act 1989, Human Rights Act 1998
Tort Law Child Protection Law Public Law Negligence Duty of Care Local Authority Liability Children Act 1989 Human Rights Act 1998

Case Brief

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Parties

CN

Claimant/appellant

GN

Claimant/appellant

Official Solicitor

Litigation Friend

Poole Borough Council

Defendant/respondent

Procedural Posture

Appeal / Appeal Against 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
  2. 2 Whether the effect of X v Bedfordshire County Council precludes such claims
  3. 3 Whether D v East Berkshire NHS Trust & Others remains good law post-Mitchell and Michael

Ratio Decidendi

The Court of Appeal's decision in D v East Berkshire remains binding and removes the absolute bar to negligence claims by children against local authorities for failure to protect them from harm. The issue of whether a duty of care exists must be determined on the facts and is not apt for summary disposal. The Master erred in striking out the claims.

Court Disposition

Appeal allowed; order striking out claims set aside

Orders

  • Claims of CN and GN reinstated
  • Anonymity Order made for CN and GN