A social worker and police officer interviewed a child and father on allegations of sexual abuse made by the mother. No criminal proceedings followed, but the father alleged that the misrepresentation of the interviews by the officer and social worker led to later care proceedings. The allegations were false. The court allowed an appeal against an order striking out the case against the police officer. Having interviewed the father, and it having been decided that no criminal proceedings would follow, a duty of care had arisen as between the officer and the interviewee as to the future use of the material from the interview. The case against the police should not be struck out on the basis of a witness immunity in these circumstances.
Citations:
Gazette 03-May-2001, [2001] EWCA Civ 346, [2001] 1 WLR 1575
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Police, Litigation Practice
Updated: 31 May 2022; Ref: scu.147466
