Poole Borough Council v GN (through his litigation friend "The Official Solicitor") and another

Описание: [2019] UKSC 25

UKSC 2018/0012
Poole Borough Council (Respondent) v GN (through his litigation friend "The Official Solicitor") and another (Appellants)
On appeal from the Court of Appeal Civil Division (England and Wales)

THE COURT ORDERED that no one shall publish or reveal the name or address of the Appellants who are the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the Appellants or of any member of their families in connection with these proceedings.

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.

The issue is:

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 Supreme Court unanimously dismisses the appeal.