The Appellants are represented by Lizanne Gumbel QC leading Iain O’Donnell and Duncan Fairgrieve of 1 Crown Office Row, instructed by Leigh Day, and the AIRE CENTRE have instructed Philip Havers QC and Hannah Noyce of 1 Crown Office Row as intervenors.
The case raises 4 important issues relating to the liability of social services to protect children from harm:
- Whether the decision in D v East Berkshire Community NHS Trust is correct.
- Whether the Court of Appeal was wrong to find that D v East Berkshire has been “impliedly overruled” and is inconsistent with the House of Lords authority of Mitchell v Glasgow City Council and of the Supreme Court authority of Michael v Chief Constable of South Wales.
- Whether it was wrong for the Court of Appeal to find this case fell within the third class of case recognised by the Court of Appeal in Young v Bristol Aeroplane Co Ltd.
- Whether for the purposes of a strike out application it is appropriate to determine the facts against the Petitioners when there was expert evidence in support of the contention that their mother was unable to protect them from serious harm and they needed to be removed, at least temporarily, from home to prevent serious injury.