London Borough of Hackney v Williams & Anor

Judgment Approved

Sir Brian Leveson P:

Between 5 July and 6 September 2007, the London Borough of Hackney (“Hackney”) took the eight children of Mr John Williams and his wife, Mrs Adenike Williams, and, by keeping them in foster care, looked after them. Using different means of complaint, in the 9 years that have followed, the Williams have pursued Hackney though its complaint procedures, the Local Government Ombudsman (which itself involved an application for judicial review) and, thereafter, by means of civil litigation claiming misfeasance in public office, race discrimination, negligence and breach of duty owed pursuant to s. 6 of the Human Rights Act 1998 (“the 1998 Act”) and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”). After a trial lasting some 6 days before Sir Robert Francis Q.C., sitting as a deputy judge of the High Court, he dismissed the actions for misfeasance, discrimination and negligence but found that Hackney had failed to comply with its statutory duty under the Children Act 1989 (“the 1989 Act”) and were liable to pay damages for breach of Article 8 of the ECHR. Hackney now appeal to this court.

Before embarking on an account of the facts or the issues, it is worth introducing the issues in the case by echoing an observation made by Sir Robert in these terms:

“If ever there was a case illustrating the challenges that face children, parents, public authorities, and the courts when concerns are raised about safety and welfare of children, it is this.”

The Facts

Mr and Mrs Williams were married and lived in a modest three-bedroom flat with their eight children, aged 14, 12, 11, 9, 7, 5, 2 years and 8 months old: their identities are protected by order of the court. On 5 July 2007, one of the older children was arrested on suspicion of shoplifting chocolate bars. The child told the security guard that he needed money for food; when seen by the police, he said that he had been beaten by his father with a belt, and that this was the explanation for a bruise on his face. Not surprisingly, the police interviewed Mr Williams about what they had been told. At the same time, as the relevant social services department, Hackney, was informed and a social worker attended the police station.

As a result of what they had learned, the police visited the Williams’ home. The flat was in a poor, unhygienic state, with accumulations of dirt, an absence of food in the fridge, and an extreme