AB v Worcestershire County Council & Anor
[2023] EWCA Civ 529
SZR v Blackburn with Darwen Borough Council
15 March 2024
[2024] EWHC 598 (KB)
High Court
A young woman with disabilities sued a council for neglecting her for years while she lived in terrible conditions with her mother. The council tried to end the case quickly, but the judge said there was enough evidence to go to a full trial because the neglect was serious enough to potentially violate her human rights.
Key Facts
- •SZR, a 24-year-old woman with autism, ADHD, and learning difficulties, claims neglect by her mother and Blackburn with Darwen Borough Council (the Defendant) from 2012-2018.
- •The claim alleges violations of Articles 3 (inhuman or degrading treatment) and 8 (respect for private and family life) of the European Convention on Human Rights.
- •The Defendant sought summary judgment or to strike out the claim.
- •The Claimant's case rests on the Defendant's alleged failure to take timely protective action despite awareness of the risk of serious neglect.
- •The Claimant's neglect included squalid living conditions, poor hygiene, inadequate diet, limited education, and untreated medical needs.
- •The Defendant argued the neglect did not meet the Article 3 threshold, they were not on notice of the risk, their actions were reasonable, and causation was not established.
- •The court considered the case of AB v Worcestershire County Council, which involved similar Article 3 claims against social services departments.
- •The court reviewed contemporaneous social work records and expert evidence from an independent social worker and a consultant psychiatrist.
Legal Principles
Summary judgment can be granted if a party has no real prospect of succeeding and there's no other compelling reason for a trial.
CPR 24.2, 24.3
A statement of case can be struck out if it discloses no reasonable grounds for bringing the claim.
CPR 3.4(2)(a)
Article 3 requires ill-treatment to reach a minimum severity level, considering duration, physical/mental effects, and victim's characteristics.
AB v Worcestershire County Council, ECtHR case law
Article 3's positive obligation to protect individuals from third-party ill-treatment requires knowledge of a real and immediate risk and failure to take reasonable preventative measures.
X v Bulgaria, AB v Worcestershire County Council
Article 8 requires a certain level of seriousness causing prejudice to the enjoyment of the right to respect for private life, considering the vulnerability of children.
F.O. v Croatia, A v Croatia
Outcomes
Defendant's applications for summary judgment and strike out dismissed.
The court found there were serious live issues of fact, particularly regarding the breach and causation issues, rendering the applications unsuitable for summary determination. The Claimant presented an arguable case that the cumulative effect of the alleged neglect met the Article 3 threshold, the Defendant was on notice of a real and immediate risk, and reasonable preventative measures were not taken. The Article 8 claim was also deemed to have merit.