Supreme Court refuses permission to appeal in AB v Worcestershire CC

On November 21st, the Supreme Court made an order dismissing the claimant’s application for permission to appeal from the decision of the Court of Appeal in AB v Worcestershire CC, now reported at [2023] 2 FLR 795.  The Court of Appeal upheld the granting of summary judgment by Ms Margaret Obi, sitting as a Deputy High Court judge.  The judgment therefore stands as authority for the proposition that neglect, emotional abuse and minor physical abuse of a child by a parent may not arguably amount to “inhuman and degrading treatment” within the meaning of Art 3 of the ECHR, although careful attention will have to be paid to the facts in each case.

Paul Stagg represented the first defendant, Worcestershire CC, at first instance and was led by Edward Faulks KC in the Court of Appeal.