Ratio Decidendi
The failure of a local authority to protect children from severe neglect and abuse constituted a violation of Article 3 (prohibition of inhuman or degrading treatment). The state has a positive obligation to protect individuals from treatment contrary to Article 3.
حقائق
Four children suffered years of severe neglect and emotional and physical abuse by their parents. Social services were aware of the situation but failed to take effective action to protect the children for over four years. The case originated from X v Bedfordshire CC in the House of Lords.
فیصلے کا خلاصہ
The ECHR held unanimously that the failure to protect the children from prolonged neglect and abuse violated Article 3. The UK had failed in its positive obligation to protect the children from inhuman and degrading treatment. The children were also denied an effective remedy (Article 13).
اہم اقتباسات
"The neglect and abuse suffered by the four applicant children reached the threshold of inhuman and degrading treatment."
— The Court
بعد کا علاج
Important authority on the state's positive obligation under Article 3 to protect vulnerable individuals. Led to the overturning of the domestic immunity from negligence claims against local authorities.