Case details

Poole Borough Council (Respondent) v GN (Through his Litigation Friend "The Official Solicitor") and another (Appellants)

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Case ID: UKSC 2018/0012

Case summary

Issue

Whether the case of D v East Berkshire Community NHS Trust [2004] QB 558 is correct and should continue to govern the position of local authorities in respect of their duties to children living in their areas.

Facts

The appellants were, at the material times, children. CN suffered from severe physical and learning difficulties. They were placed in housing by the respondent Council, and alleged that before the placement, the Council was aware that a family lived in nearby accommodation who engaged in persistently anti-social behaviour. This family repeatedly subjected the appellants to significant harassment and abuse, and CN attempted suicide. The appellants brought claims against the Council for breach of a common law duty of care derived from statutory duties under the Children Act 1989.

Judgment appealed

[2017] EWCA Civ 2185

Parties

Appellants
  1. GN
  2. CN
Respondent

Poole Borough Council

Interveners
  1. The AIRE Centre
  2. Article 39
  3. Care Leavers Association
  4. Coram Children's Legal Centre
  5. Equality and Human Rights Commission

Appeal

Justices

Lady Hale, Lord Reed, Lord Wilson, Lord Hodge, Lady Black

Hearing start date

16 Jul 2018

Hearing finish date

17 Jul 2018

Watch hearing
16 Jul 2018 Morning session Afternoon session
17 Jul 2018 Morning session