A FORMER looked-after child who claims councils failed to remove him from a neglectful and abusive home environment will have his court case live-streamed.
The Court of Appeal agreed to hear the appeal in the case of AB v Worcestershire County Council and Anor in a landmark judgment last year.
AB is a protected party and cannot be named throughout the court proceedings.
The unprecedented court hearing will be live-streamed on Tuesday, April 25 and Wednesday, April 26.
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AB brought a claim under the Human Rights Act against Worcestershire County Council and Birmingham County Council.
He was accommodated by WCC several times in 2013. In May 2015 he was made the subject of an interim care order and a final care order was made in January 2016.
AB says he should have been removed from his mother’s care at an earlier date as he was subject to abuse and neglect which was known to both authorities.
He brought claims for breach of Article 3 (freedom from torture and inhuman or degrading treatment) and Article 6 (right to a fair hearing) of the European Convention on Human Rights but the local authorities won their case to have the claim struck out.
In September last year, AB (via his litigation friend) was granted permission to appeal the decision to strike out the claim.
Anna Moore, Partner at Leigh Day is instructed to act for AB in the appeal, along with Lizanne Gumbel KC of 1 Crown Office Row and Sam Jacobs of Doughty Street Chambers.
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Anna Moore said: “This case will have significance for many people like AB who, as children, should have been removed from abusive and neglectful environments, but the authorities responsible for their care did not step in to protect them.
"We hope that the Court will allow AB’s case to continue and give guidance on whether the Human Rights Act can be used to bring claims in these circumstances so that others may seek redress as AB is doing.”
Birmingham City Council has declined to comment as it is an ongoing legal matter.
A spokesperson for Worcestershire County Council said: “We do not comment on specific details of individual cases. We are aware that the Court of Appeal has given permission for an appeal for a decision involving Worcestershire County Council and we are unable to comment further at this stage of the judicial process.”
To watch the live streamed hearing, you can visit: https://www.judiciary.uk/the-court-of-appeal-civil-division-live-streaming-of-court-hearings/.
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