The court considered the existence of a tortious duty of care to children, on the part of a local authority, to protect them from harassment and abuse by third parties. The Council appealed against an order re-instating the claims after they had been struck out.
Held: The appeal was allowed. Two considerations in particular militated against liability. The first was the concern that ‘liability in negligence will complicate decision-making in a difficult and sensitive field, and potentially divert the social worker or police officer into defensive decision-making’. The second was the principle that in general there is no liability for the wrongdoing of a third party, even where that wrongdoing is foreseeable. In his view, none of the exceptions to that general principle applied, since this was not a case in which the council, performing its social services functions, brought about the risk of harm or had control over the individuals representing the risk, nor had it assumed responsibility towards the claimants. In those circumstances, there was no basis for holding the council liable for the wrongdoing of third parties.
Judges:
Davis, King DBE, Irwin LJJ
Citations:
[2017] EWCA Civ 2185, (2018) 21 CCL Rep 5, [2018] HLR 17, [2018] 2 FLR 565, [2018] 2 WLR 1693
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – CN and Another v Poole Borough Council QBD 16-Mar-2016
Appeal against striking out of claim for damages in negligence.
Held: Allowed. The claim should proceed.
The principal issue was whether the decision of the Court of Appeal in D v East Berkshire Community NHS Trust [2003] EWCA Civ 1151; . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited by:
Appeal from (CA) – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.
Negligence, Children
Updated: 11 February 2022; Ref: scu.602604
