Local authority wins appeal over damages awarded in foster care case

A local authority has won its appeal against a decision to award £20,000 damages to a couple whose eight children were wrongly kept in foster care.

The proceedings were sparked by the 2007 arrest on suspicion of shoplifting of one of the children – none of whom can be identified.

He was said to have told the police that a bruise on his face was caused by being beaten by his father with a belt.

The police visited the family home and alerted the London Borough of Hackney on the basis that it was not in a fit state for the children to live in.

They were sent to foster homes and it was two months before they returned to their parents.

A criminal investigation into the parents ended with no evidence being offered and their acquittal.

Their complaints about the handling of their case were upheld in part by the Local Government Ombudsman and the couple brought civil proceedings against Hackney, which denied liability.

The couple accepted it was lawful to take the children into care under the authority of a police protection order, but claimed damages for what they said were Hackney’s unlawful actions in keeping them after the expiry of the order.

In September 2015, Deputy High Court judge Sir Robert Francis rejected their claims of misfeasance in public office, negligence and religious discrimination but allowed their claim under the Human Rights Act and awarded them £10,000 each.

At the Court of Appeal on Thursday, three judges commended the judge for his careful consideration of the case but disagreed with his conclusions.

They said that, along with all the other claims, the human rights claim should have been dismissed.

They echoed an observation made by the judge that if ever there was a case illustrating the challenges that faced children, parents, public authorities and the courts when concerns were raised about the safety and welfare of children, it was this one.

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