Facts
- Barrett was taken into care at 10 months old, until he was 17 years old
- He claimed that the council had treated him negligently, inter alia, by moving him between 6 different foster homes, resulting in significant mental injury
Issue
- Could the council owe such a duty
Decision
- Arguable upon evidence
Reasoning
- There is no common law duty for a council to take take when taking a child into care
- There was a duty which was also breached to take care of a child in care, this would need to be debated on the facts
