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.
CN V Poole BC distinguished in social services failure to intervene case Insurers and perhaps social service professionals will not be pleased to read the judgment of HHJ Godsmark QC in X & Y v Derbyshire County Council (22.09.2020)  The council applied to strike out claims in negligence, misfeasance and human rights by a father and his 15-year-old daughter (X). Over an 8-year period the father, unsuccessfully, tried to convince social workers and management that his daughter was physically and emotionally abused by her mother. Following assessments under section 17 Children Act 1989 the council concluded that his allegations were malicious and he was excluded from the statutory child protection process.