The local authority took children into care, reassuring the parents that they would be returned. They were not.
Held: There was no valid claim for damages for the distress arising from the loss of the company of a child. There was no cause of action in negligence. The authority was working within a statutory framework.
Ralph Gibson LJ said: ‘If there should be deliberate injury to a parent with reference to care or custody of her child, whether by deceit or by misfeasance in public office, it would not follow that, because there is no cause of action in negligence for loss of parental right, damages could not be recovered for such deliberate injury and its consequences.’
Judges:
Ralph Gibson LJ
Citations:
[1991] Fam 69, [1991] 2 WLR 1132
Statutes:
Jurisdiction:
England and Wales
Cited by:
Distinguished – Hamilton Jones v David and Snape (a Firm) ChD 19-Dec-2003
The claimant was represented by the respondent firm of solicitors in an action for custody of her children. Through their negligence the children had been removed from the country. She sought damages for the distress of losing her children.
Lists of cited by and citing cases may be incomplete.
Children, Damages
Updated: 11 June 2022; Ref: scu.193439