Source: All England Reporter
Publisher Citation: [2007] All ER (D) 188 (Dec)
Court: Queen's Bench Division

Eady J

Representation Elizabeth-Anne Gumbel QC (instructed by Bolt Burdon Kemp) for the claimant.
  Catherine Foster (instructed by Halliwells) for the defendant.
Judgment Dates: 13 December 2007


Damages - Duty of care - Existence of duty - Claimant, aged 31, bringing proceedings against defendant local authority for breach of a duty of care on basis of failure to take reasonable steps to protect him during childhood - Claimant suffering from personality disorder - Claimant alleging severe neglect and emotional and physical abuse from parents - Whether defendant liable.

The Case

In the instant case, the defendant, aged 31, was awarded 25,000 for pain, suffering and loss of amenity, where the social services department of the defendant local authority had sanctioned his return from foster care to the parental home in November 1977, where he contended that he had suffered severe neglect and emotional and physical abuse from his parents, and later, sexual and physical abuse while living on the streets from about the middle of 1990, and where he contended that no reasonable social services department would have returned him to the parental home during that period in the light of, the professional standards prevailing at the time and, the corpus of evidence available in the form of documentary records covering that period.

Practice Areas

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