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Rowley and others v Secretary of State for Department of Work and Pensions: CA 19 Jun 2007

The claimants sought damages for alleged negligence of the defendant in the administration of the Child Support system.
Held: The defendant in administering the statutory system owed no direct duty of care to those affected: ‘a common law duty of care owed by the Secretary of State to the claimants would be inconsistent with the statutory scheme created by the 1991 Act.’ The agency owed its duties not to the claimants but to the state; it had not assumed a responsibility recognised by the common law; and the statutory mechanisms for assessment and enforcement of maintenance contra-indicated any superadded liability.

Judges:

Waller LJ, Keene LJ, Dyson LJ

Citations:

Times 06-Jul-2007, [2007] EWCA Civ 598, [2007] 1 WLR 2861

Links:

Bailii

Statutes:

Child Support Act 1991

Jurisdiction:

England and Wales

Citing:

CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedJD 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 . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .

Cited by:

CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
CitedPoole 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.

Child Support, Negligence

Updated: 11 February 2022; Ref: scu.253494

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