Abstract
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.
| Original language | English |
|---|---|
| Pages (from-to) | 142-145 |
| Number of pages | 3 |
| Journal | Journal of Professional Negligence |
| Volume | 39 |
| Issue number | 3 |
| Publication status | Published - 14 Sept 2023 |
Bibliographical note
This 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.Keywords
- child protection
- professional negligence
- damages
- remedies
- assumption of responsibility
- care proceedings
- duty of care
- local authorities' powers and duties
- parental responsibility