Young v Kent County Council – Case Summary

April 03, 2024
Micheal James

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Introduction to Young v Kent County Council – Case Summary

A seemingly innocent act of childhood exploration on the roof of a youth club turned into a tragic accident, sparking a legal battle with lasting implications for child safety and occupier’s liability. Young v Kent County Council (2005) centered around a young boy’s fall through a neglected skylight, raising crucial questions about the responsibility of those who manage buildings where children are present.


The events leading to the legal battle unfolded at a youth club run by the Kent County Council. Young, a boy of 12 ½, attended the club with friends, unaware of the hidden danger lurking above. The youth club was situated in a school building owned and managed by the council. Tragically, a crucial element of the building – the skylight on the roof – presented a significant safety hazard. Previous inspections had identified the skylight’s brittle nature, raising concerns about potential accidents. A health and safety report even documented the risks and recommended corrective measures. However, despite these warnings, the Kent County Council had not taken any action to address the dangers posed by the skylight. This lack of action became the central theme when Mr. Young’s fateful fall unfolded.


The accident left Mr. Young with serious head injuries, prompting his family to seek legal recourse. The case hinged on two fundamental legal principles:

  • Occupier’s Liability: Did the Kent County Council, as the occupier of the premises where the youth club was held, owe a legal duty to ensure the safety of the children attending the club, particularly concerning the dangerous skylight on the roof?
  • Causation: Even if a duty of care was established, was the absence of safety measures around the skylight the direct cause of Mr. Young’s fall and subsequent injuries?


In a landmark decision, the court sided with Mr. Young, holding the Kent County Council liable for his injuries. This decision sent a clear message regarding the responsibility of occupiers to prioritize child safety.

Ratio Decidendi (Reasoning of the Court)

The court’s reasoning focused on establishing a clear connection between the council’s negligence and the tragic accident:

  • Occupier’s Liability Act 1984: The court applied the Occupier’s Liability Act 1984, a legal framework outlining the duty of care owed by occupiers to visitors on their premises. Since the youth club attendees qualified as lawful visitors, the council had a legal obligation to ensure their safety.
  • Breach of Duty: The court found the Kent County Council had demonstrably breached their duty of care in several ways. Firstly, they had failed to conduct a proper risk assessment of the roof area, neglecting to identify potential hazards like the brittle skylight. Secondly, they had ignored the existing safety report and recommendations to address the dangers. Finally, the minimal supervision offered to the children attending the club further highlighted the council’s negligence.
  • Causation: The court acknowledged that Mr. Young’s age and the natural curiosity of children could have contributed to the fall. However, the court ultimately employed the “but for” test to establish causation. In simpler terms, the court reasoned that if the council had taken appropriate safety measures, such as fencing off the area or installing railings, the fall might not have occurred.
  • Contributory Negligence: While Mr. Young’s actions played a role in the accident, the court considered his age a significant factor. His contribution to the accident was deemed minimal compared to the council’s significant breach of duty.


Young v Kent County Council (2005) holds significant weight in the realm of occupier’s liability and child safety. The case established the following legal principles:

  • Enhanced Duty for Children: The case emphasizes the heightened duty of care owed by occupiers towards children on their premises. Occupiers are expected to take greater precautions to safeguard children from foreseeable dangers. This heightened duty reflects the understanding that children are more vulnerable and may not always possess the same awareness of risks as adults.
  • Risk Assessments and Safety Measures: The case underscores the importance of conducting proper risk assessments and implementing appropriate safety measures to address identified hazards. The Kent County Council’s disregard for the known dangers posed by the skylight ultimately led to tragic consequences.
  • “But For” Test and Causation: The case exemplifies the application of the “but for” test, a crucial tool in establishing causation in negligence claims. The court considered whether the harm would have occurred “but for” the defendant’s breach of duty.


Young v Kent County Council (2005) stands as a landmark case, emphasizing the importance of prioritizing child safety and the legal responsibility of occupiers to ensure a safe environment for visitors, particularly children. The case underscores the need for thorough risk assessments, appropriate safety measures, and heightened vigilance when children are present on the premises. This decision continues to influence legal discussions and court decisions concerning occupier’s liability and the duty of care owed to children. It serves as a reminder that neglecting potential hazards, especially when children are involved, can have serious legal and human consequences.

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