Are post-Poole waters clearer following HXA and YXA?: HXA v Surrey County Council, YXA (a protected party by his litigation friend the Official Solicitor) v Wolverhampton City Council

Lauren Devine

Are post-Poole waters clearer following HXA and YXA? HXA v Surrey County Council, YXA (a protected party by his litigation friend the Official Solicitor) v Wolverhampton City Council

Lauren Devine

Research output: Contribution to journal › Article › peer-review

37 Downloads (Pure)

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

Access to Document

L Devine_case article_Are post-Poole waters clearer following HXA and YXA_Journal of Professional Negligence vol.39 no.3 2023
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.
Final published version, 489 KBLicence: CC BY-NC-ND 4.0

Cite this

@article{559d796448d7448fbbab35848ae71bd0,

title = "Are post-Poole waters clearer following HXA and YXA?: HXA v Surrey County Council, YXA (a protected party by his litigation friend the Official Solicitor) v Wolverhampton City Council",

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.",

keywords = "child protection, professional negligence, damages, remedies, assumption of responsibility, care proceedings, duty of care, local authorities' powers and duties, parental responsibility",

author = "Lauren Devine",

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. ",

year = "2023",

month = sep,

day = "14",

language = "English",

volume = "39",

pages = "142--145",

journal = "Journal of Professional Negligence",

issn = "1746-6709",

number = "3",

}

TY - JOUR

T1 - Are post-Poole waters clearer following HXA and YXA?

T2 - HXA v Surrey County Council, YXA (a protected party by his litigation friend the Official Solicitor) v Wolverhampton City Council

AU - Devine, Lauren

N1 - 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.

PY - 2023/9/14

Y1 - 2023/9/14

N2 - 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.

AB - 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.

KW - child protection

KW - professional negligence

KW - damages

KW - remedies

KW - assumption of responsibility

KW - care proceedings

KW - duty of care

KW - local authorities' powers and duties

KW - parental responsibility

UR - https://www.bloomsburyprofessional.com/uk/journals-looseleafs/journals/journal-of-professional-negligence/

M3 - Article

SN - 1746-6709

VL - 39

SP - 142

EP - 145

JO - Journal of Professional Negligence

JF - Journal of Professional Negligence

IS - 3

ER -