Following the decision in HXA v Surrey County Council, YXA (a protected party by his litigation friend the Official Solicitor) v Wolverhampton City Council it is reasonable to ask whether the waters will be muddied by an apparent return to a more ambiguous position in respect of local authority liability towards abused children. Since the 2019 decision in Poole the circumstances in which a local authority owes a duty of care towards children seemed almost exclusively to apply to cases where the local authority had assumed parental responsibility for a child and had removed the child from their family, but not in cases where local authorities had omitted to act. Stirring up the post-Poole waters provides an opportunity for the parameters to be widened again.
|Number of pages||3|
|Journal||Journal of Professional Negligence|
|Publication status||Published - 14 Sept 2023|
Bibliographical noteThis article is protected by copyright. This is the published version of of the article, "Devine, L. (2023). "Are post-Poole waters clearer following HXA and YXA?," The Journal of Professional Negligence, Volume 39, No. 3, pgs. 142-145". It is shared with permission of the publisher and may not be modified or used for commercial purposes.
- child protection
- professional negligence
- assumption of responsibility
- care proceedings
- duty of care
- local authorities' powers and duties
- parental responsibility