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Duty of care: key questions

Child abuse lawyer Peter Garsden explains the implications for councils of recent Supreme Court ruling.

The Supreme Court last month overturned a 2017 Court of Appeal decision that exempted social workers from a duty of care for children not officially in care. Here, Peter Garsden, head of abuse claims at Simpson Millar and president of the Association of Child Abuse Lawyers, explains the implications of the ruling

What areas of safeguarding practice does it cover?

The judgment handed down by the Supreme Court relates to an ongoing claim against a local authority that was accused of failing to protect two young boys from the sustained anti-social behaviour of their neighbours.

While the boys remained in the care of their mother, the local authorities were aware of the abuse, and the emotional and physical impact of the situation on them. It was argued that the children should have been taken into care to protect them.

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