The hearing of the appeal in HXA v Surrey County Council and in YXA (a protected party) v Wolverhampton City Council by the Supreme Court is set to commence on the 24 October 2023. As we keenly await guidance from the UK Supreme Court on what amounts to a duty of care and assumption of duty in the social care arena, Lucy reviews how the law has developed thus far at common law and under the Human Rights Act 1998 to distil current understanding, and considers where we might be going next.