Supreme Court: CN & GN v Poole Borough Council

On 16th July 2018 The Supreme Court began hearing the appeal in CN & GN v Poole Borough Council. This was scheduled for one and a half days.

The defendant was represented by Edward Faulks QC, Paul Stagg and Katie Ayres, instructed by Rob Hams of Wansbroughs.

This appeal considered the issue of 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.

The appeal was heard over a day and a half by Lady Hale (President), Lord Reed (Deputy President), Lord Wilson, Lord Hodge and Lady Black.

Further information: https://www.supremecourt.uk/cases/uksc-2018-0012.html

The 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