Frances Swaine, head of the human rights department at law firm Leigh Day & Co, is extremely disappointed with the recent Court of Appeal ruling that overturned an award of damages for her clients, both of whom are learning disabled. 

X & Y suffered  prolonged and severe abuse at the hands of local youths whilst living in unsuitable accommodation provided by Hounslow Borough Council.  In May 2008 the High Court ruled that the council, who had been aware of the abuse directed at the couple, owed them a duty of care and should have moved them away from the accommodation where they were being abused. The couple were awarded substantial damages in May.

The Court of Appeal has recently overturned this decision.  Sir Anthony Clark, the Master of the Rolls, said that the borough could not be blamed for what happened and that an individual could not sue for damages due to failures of different departments inside a local authority to communicate.

Frances Swaine said:
"Both my clients and I are extremely saddened by the Court of Appeal's judgment. The Court of Appeal has effectively stated that local authorities will never owe vulnerable adults living in the community a duty of care, despite providing them with support and care, in our clients' case at least weekly over many years. I believe that this cannot be correct and I can see no reason not to hold accountable a local authority who are aware that a vulnerable couple are being abused and harassed over a long period and do not move them to safer accommodation before more severe abuse and violence occurs...."

Leigh Day & Co, instructed in this case by the Official Solicitor, acting as Litigation Friend to X & Y, are seeking an appeal  of  this decision to the House of Lords, as the case concerns important questions of law and will impact on all vulnerable adults living in the community and being supported by their local authority.

If you have any questions please contact Frances Swaine or Merry Varney on 0207 650 1200.