Those of us with an interest in cases involving alleged failure to protect by social services will be glad to see some decisions starting to be made by the Courts, which will hopefully refine the position regarding when the Courts are likely to decide a duty of care exists. 

This (X & Y v Derbyshire County Council) sounds like a helpful case, albeit just in respect of a failed strike out application, where the Court accepted there was an arguable case that CN v Poole can be distinguished on the basis that decisions made by social workers were positive decisions as opposed to omission or "failures to confer a benefit".

Clarity is still required for all litigants in this area, but it is good to see and hear of decisions now beginning to be made.