Council fighting £100,000 payout

The appeal judges must decide if the council had a "duty of care" in this case

A London council has begun an appeal after being told to pay almost £100,000 in damages to a couple subjected to a "degrading" assault in their home.

The couple were attacked by four youths whom they allowed to use their tower-block flat to take drugs, have underage sex and store stolen goods.

The High Court ruled Hounslow Council was negligent in failing to protect the pair, who had learning difficulties.

It said the attack was foreseeable. The authority insisted it was not to blame.

Several of the youths who had been using the flat were jailed for their role in the attack.

The High Court judge, Mr Justice Maddison, subsequently decided the council should have been responsible for looking after the vulnerable adults.

They should have been moved to temporary bed-and-breakfast accommodation instead, he added.

It was the first time such a ruling had been made. In the past, protection of this nature has been extended only to children.

Pair 'were exploited'

The council's barrister, Edward Faulks QC, told the Court of Appeal in London that the couple, whose identities cannot be given for legal reasons, suffered a "degrading sexual and physical" assault.

A social worker had told police that the pair were being exploited but was informed that no action could be taken unless the couple complained themselves.

The social worker also called for Hounslow's housing department to rehouse them and their two children.

Mr Faulks said the three appeal judges must decide if the council had responsibilities to adults with learning difficulties, and therefore whether the damages were justified.

"Is there a duty of care to arrange new accommodation if they are at risk of injury from the criminal acts of other parties if they remain in their current accommodation?" he asked.

The hearing continues.