‘Failure to remove’ claims and Article 3: SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (QB) – Doughty Street Chambers

‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’

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Doughty Street Chambers, 22nd March 2024

Source: insights.doughtystreet.co.uk