The claimant alleged negligence and misfeasance in public office on the part of the defendant in their conduct of an investigation of an allegation of child abuse. The authority appealed against the refusal to strike out the claim by the father of the child who had now discontinued her claim.
Held: The professionals involved were exercising a primary duty to the child. To accept additional duties to the parent would cut across the fulfilment of tha tprimary duty. The question in each case was whether the social worker acted or failed to act in a way in which a reasonably competent social worker would have done. The father’s claim in negligence could not proceed.
Judges:
Sir Anthony Clarke MR, Mayl LJ, Hallett LJ
Citations:
[2007] EWCA Civ 1313, Times 27-Dec-2007
Links:
Jurisdiction:
England and Wales
Torts – Other
Updated: 12 July 2022; Ref: scu.261956