Queen’s Bench Division

Published November 6, 2009

Regina (Webster) v Swindon Local Safeguarding Children Board

Before Mr Justice Kenneth Parker

Judgment October 22, 2009

It was not necessary for a local safeguarding children board to wait for the outcome of civil proceedings before conducting a substantive and comprehensive serious case review.

Mr Justice Kenneth Parker so held in the Queen’s Bench Division when allowing a claim for judicial review by the claimant, Henry Webster, of the decision of the defendant, the Swindon Local Safeguarding Children Board, finalised on March 18, 2009, to organise a serious case review into an attack on the claimant at Ridgeway School, Wroughton, Wiltshire, on January 11, 2007.

Lord Brennan, QC and Mr Conor Gearty for the claimant; Ms Tacey Cronin for the board.

MR JUSTICE KENNETH PARKER said that the defendant adopted a procedure which was likely to delay substantially the serious case review procedure further.

Its decision to limit the review until the completion of the civil proceedings to the issue of identifying the lessons learnt, initiatives since the assault and current arrangements to manage conflict between pupils, stripped the exercise of its practical value.

Given the serious nature of the attack and the fact that nothing had been done for two years, it was imperative that the defendant carry out a comprehensive serious case review and report promptly and expeditiously.

Another factor which had formed part of the baord’s decision-making process had been the constraints placed on the school through the requirements of its insurers.

His Lordship said the spectre of statutory serious case reviews being stifled by the insurance industry would be potentially of such significance to public policy so as to engage the attention of the secretary of state and, through him if need be, the Association of British Insurers and, in the last resort, the industry regulator, the Financial Services Authority.

Solicitors: Linder Myers LLP, Manchester; Kirby Simcox, Bristol.

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