Source: All England Reporter
Publisher Citation: [2009] All ER (D) 178 (Jul)
Neutral Citation: [2009] EWHC 1786 (QB)
Court: Queen's Bench Division

Swift J

Representation Elizabeth Gumbel QC (instructed by Irwin Mitchell LLP) for the claimant.
  Steven Ford (instructed by Browne Jacobson LLP) for the defendant.
Judgment Dates: 16 July 2009


Negligence - Child - Local authority's duty to child in its care - Breach of duty - Claimant emotionally and physically abused by mother - Claimant known to defendant authority and identified as being at risk - Claimant taken into voluntary care in 1989 - Mother subsequently prosecuted for child neglect - Claimant alleging authority negligent in not removing her from mother's care earlier - Whether authority negligent - Whether claim time-barred - ss 11, 30.

The Case

Negligence Child. Queen's Bench Division: The court exercised its discretion under s33 of the to allow the claimant's claim against the defendant authority for 60,000 in damages for personal injury to proceed, notwithstanding the fact that it had been commenced out of time. It proceeded to allow the claim on the basis that, had it not been for the authority's breach of duty, the claimant would have been removed from her mother's care by the end of 1978, rather than remaining there until 1989, and would thereby have been spared the years of abuse that followed and her resultant injuries.

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