This was an application for leave to appeal against a striking out order. The plaintiff, aged 22, alleged that he had been physically and sexually abused by his foster father. He claimed that the council was negligent in not properly monitoring and supervising his placement and for failing to investigate a series of reports when he was aged 11. He contended the County Council should have removed him from foster care.
Held: Lord Justice Simon Brown said: ‘For my part, I see no force in any of the submissions. All were advanced below and all in my judgment were properly dealt with in the judge’s conclusions which I have already recited. I bear in mind as I am specifically invited to do, what Lord Browne-Wilkinson said (749G) namely that; ‘the public policy consideration, which has first claim on the loyalty of the law is that wrongs should be remedied and that very potent counter considerations are required to over-ride that policy.’
Lord Justice Simon Brown
Unreported, 10th May 1996 LTA 95/7562/E
England and Wales
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 . .
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Updated: 11 April 2021; Ref: scu.185985