Hounslow Council is to appeal against a High Court ruling to award £97,000 in damages to a vulnerable couple who suffered abuse in their own flat from a gang of feral youths.
High Court judge Mr Justice Maddison said a lack of communication between council departments led to the couple, who have learning difficulties, being subjected to a weekend-long assault.
Awarding them damages from Hounslow Council, Judge Maddison said the council had acted "negligently" in its handling of the situation.
The disabled couple, who cannot be identified for legal reasons, were left deeply traumatised after being attacked and humiliated by the gang in their council flat over a weekend in late 2000.
They were repeatedly assaulted and abused, made to perform sex acts, while the male victim - aged in his 50s and named only as X - was assaulted with a sex toy, made to eat faeces, had pepper put in his eyes and was cut 40 times with a knife. His partner, Y, in her 40s, was also attacked.
The couple's possessions were thrown off their balcony, and even their pet dog was assaulted. Y's two children, now in their teens, witnessed much of what went on.
Some of their assailants had been living in the flat for months before the assault, said the judge, using it to take drugs, have sex, dump stolen goods and generally misbehave.
After the assault, a number of the youths were convicted and sentenced to terms of imprisonment for what they did.
The judge ruled that the borough of Hounslow was "liable" for the psychiatric injury the couple suffered. He said the council should have transferred the family to other housing and a social worker had written to the director of housing before the assault asking whether a "catastrophe" had to occur before it happened.
Judge Maddison said there were "mounting concerns" about the family, when the couple's flat was "infiltrated" and taken over by the youths, who were becoming increasingly violent and uninhibited.
The judge said it was foreseeable that one or both the claimants would suffer a serious physical attack by the youths.
During the hearing, Elizabeth-Anne Gumbel QC, for the couple, said: "To leave this family at the mercy of this gang of youths was simply unacceptable. The council knew that they were unable to look after and protect themselves from the youths."
Recognising the importance of the case, Judge Maddison gave leave for his ruling to be challenged at the Court of Appeal.
Andrew Warnock, for the council, argued during the case that the risk of the assault taking place was not "foreseeable" and that no duty of care was owed to the couple.
A spokesman for Hounslow Council said: "Hounslow has not had sight of the approved judgement in this case, but we have been advised of the status of the draft judgement, specifically that the council has been granted permission to appeal. We will not be making any further comment at this stage."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article