The appeal to the Supreme Court in Poole Borough Council v GN (2019) UKSC 25, in which Judgment was given on 6 June 2019, was concerned with whether a local authority was liable for what was alleged to have been its negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law raised was whether a local authority, or its employees, may owe a common law duty of care to children affected by the manner in which the authority exercises, or fails to exercise those functions, and, if so, in what circumstances.
The Claimants sought damages for personal injuries suffered while they were children living in the area of the Council. They maintain that the injuries were suffered as a result of the Council’s negligent failure to exercise its powers under the Children Act 1989 (“the 1989 Act”) so as to protect them from harm at the hands of third parties. Read more »