Z and Others v the United Kingdom

Negligence – duty of care – statutory tort – immunity from suit – striking out – European Convention on Human Rights – article 3 – article 6 – article 13

The local authority’s failure to protect children from neglect and abuse amounted to inhuman and degrading treatment in violation of article 3 of the European Convention on Human Rights. Further, there had been a breach of article 13 as the children were not afforded suitable means of obtaining a determination of such allegations, or the possibility of obtaining an enforceable award of compensation for the damage suffered. There had been no violation of article 6 as the complaints had been properly and fairly examined in light of the applicable domestic legal principles concerning the tort of negligence.

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