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Poole siblings lose 'neighbour torment' damages claim | Poole siblings lose 'neighbour torment' damages claim |
(about 5 hours later) | |
Child siblings who suffered five years of "torment and terror" by neighbours have lost a damages claim against a council which housed them next to the "known" trouble-makers. | Child siblings who suffered five years of "torment and terror" by neighbours have lost a damages claim against a council which housed them next to the "known" trouble-makers. |
Abuse including vandalism, assaults and threats took place between 2006 and 2011, the Supreme Court heard. | Abuse including vandalism, assaults and threats took place between 2006 and 2011, the Supreme Court heard. |
One of the children made several suicide attempts, his mother said. | One of the children made several suicide attempts, his mother said. |
The court ruled Poole Borough Council had not "assumed a responsibility" to protect them from harm. | The court ruled Poole Borough Council had not "assumed a responsibility" to protect them from harm. |
The pair were aged nine and seven when they moved to the Dorset estate. | The pair were aged nine and seven when they moved to the Dorset estate. |
Harassment started after their mother complained about damage to her car, the court heard. | Harassment started after their mother complained about damage to her car, the court heard. |
'Attacks on home' | 'Attacks on home' |
The older sibling, referred to in the judgement by the pseudonym "Colin", was "targeted for mockery" because of his severe physical and mental disabilities, judges were told. | The older sibling, referred to in the judgement by the pseudonym "Colin", was "targeted for mockery" because of his severe physical and mental disabilities, judges were told. |
The younger sibling, referred to as "Graham", ran away from home at the age of 10, leaving a suicide note, the court heard. | The younger sibling, referred to as "Graham", ran away from home at the age of 10, leaving a suicide note, the court heard. |
He and his mother were physically assaulted and suffered "attacks on the family home", judges were told. | He and his mother were physically assaulted and suffered "attacks on the family home", judges were told. |
They were not rehoused and the harassment continued despite court action against the perpetrators. | They were not rehoused and the harassment continued despite court action against the perpetrators. |
All five Supreme Court judges dismissed the claimants' appeal against an Appeal Court ruling in 2017. | All five Supreme Court judges dismissed the claimants' appeal against an Appeal Court ruling in 2017. |
They ruled it could not be said "that the claimants and their mother had entrusted their safety to the council, or that the council had accepted that responsibility". | They ruled it could not be said "that the claimants and their mother had entrusted their safety to the council, or that the council had accepted that responsibility". |
The judges also struck out a claim arising from alleged negligence by social workers. | The judges also struck out a claim arising from alleged negligence by social workers. |
'Years of abuse' | 'Years of abuse' |
Finally, they said the children could not be rehoused because "there were simply no grounds for removing the children from their mother". | Finally, they said the children could not be rehoused because "there were simply no grounds for removing the children from their mother". |
The judges reaffirmed that local authorities could owe a duty of care to children, although they said "the existence of an assumption of responsibility can be highly dependent on the facts of a particular case". | |
In a statement, "Graham" said the ruling "glossed over the long-term failures of Poole Social Care to protect [them] from years of abuse, torment and terror". | In a statement, "Graham" said the ruling "glossed over the long-term failures of Poole Social Care to protect [them] from years of abuse, torment and terror". |
His solicitor, Emma Jones, said the family was considering taking the case to the European Court of Human Rights. | |
The children's charity Article 39, which supported the claim, said it was "incredibly relieved" that the court had reinstated the possibility of negligence claims against councils. | |
Bournemouth, Christchurch and Poole Council, which replaced Poole Borough Council in April, said in a statement: "We are satisfied with the outcome of the hearing and the judgement handed down." | Bournemouth, Christchurch and Poole Council, which replaced Poole Borough Council in April, said in a statement: "We are satisfied with the outcome of the hearing and the judgement handed down." |